YETNIKOFF v. MASCARDO


63 A.D.3d 473 (2009)

882 N.Y.S.2d 9

WALTER R. YETNIKOFF, Appellant, v. TERESITA MASCARDO et al., Respondents, et al., Defendants.

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

Decided June 9, 2009.


Plaintiff alleged that Tirosh, a real estate salesperson employed by Ashe Group, showed him a luxury apartment in a building owned by Mascardo and represented that it was quiet. When plaintiff moved into the apartment, he allegedly discovered a school playground adjoining the building's backyard where children played several hours a day, making a lot of noise.

Plaintiff paid the first month's rent, bounced the check for the next month's rent (which he claims was inadvertent...

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