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WENDY LITWACK v. PLAZA REALTY INVESTORS, INC.

11 N.Y.3d 820 (2008)

WENDY LITWACK, Appellant, v. PLAZA REALTY INVESTORS, INC., et al., Respondents.

Court of Appeals of the State of New York.

October 28, 2008.

Attorney(s) appearing for the Case

William D. Fireman, P.C., New York City (William D. Fireman and Adam Silvera of counsel), for appellant.

Molod Spitz & DeSantis, P.C., New York City (Marcy Sonneborn and Salvatore J. DeSantis of counsel), for respondents.

Arnold E. DiJoseph, P.C., New York City (Arnold E. DiJoseph, III, of counsel) for New York State Trial Lawyers' Association, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In April 1999, plaintiff complained to the apartment building doorman about a four-to-six inch "brown wet, dark brownish" spot in the middle of her dining room wall. Within a week, a building handyman removed about five inches of sheetrock, revealing...

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