JEMROCK REALTY CO. LLC v. KRUGMAN


64 A.D.3d 290 (2009)

880 N.Y.S.2d 233

JEMROCK REALTY Co. LLC, Respondent, v. JAY KRUGMAN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2009.


Attorney(s) appearing for the Case

Barry J. Yellen, New York City, for appellant.

The Abramson Law Group, PLLC, New York City (Jeff Bodoff of counsel), for respondent.

SAXE, J.P., and SWEENY, J., concur with McGUIRE, J.; RENWICK and FREEDMAN, JJ., dissent in a separate opinion by RENWICK, J.


OPINION OF THE COURT

McGUIRE, J.

Jemrock Realty Co. LLC (landlord) owns an apartment building at 210 West 101st Street in Manhattan. On January 31, 2004, a long-time, rent-regulated tenant vacated apartment 16E of the building. Landlord, through its managing agent, retained a contractor to perform work in the apartment to prepare it for a new tenant. According to the managing agent's director of leasing, Higgins, who supervised all repairs in the building...

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