HUETHER v. NY TIMES BLDG

35740/06

24 Misc.3d 634 (2009)

877 N.Y.S.2d 644

JOHN HUETHER et al., Plaintiffs, v. NEW YORK TIMES BUILDING, LLC, et al., Defendants.

Supreme Court, Kings County.

Decided March 3, 2009.


Attorney(s) appearing for the Case

Fabiani Cohen & Hall LLP, New York City, for New York Times Building, LLC, and others, defendants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City, for Kamco Supply Corp., defendant.

Wingate Russotti & Shapiro LLP, New York City, for plaintiffs.


OPINION OF THE COURT

HERBERT KRAMER, J.

Defendants New York Times Building, LLC, the New York Times Building Condominium (collectively, NYT), Turner Construction Company and Amec Construction Management, Inc. (collectively, defendants)1 move, pursuant to CPLR 3212, for summary judgment dismissing plaintiffs' complaint. Plaintiffs John Huether (plaintiff) and Dawn Huether (collectively, plaintiffs) cross-move for partial summary...

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