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BD. OF MGRS. OF THE 195 HUDSON ST. CONDOM. v. 195 HUDSON ST. ASSOC., LLC

63 A.D.3d 523 (2009)

881 N.Y.S.2d 84

BOARD OF MANAGERS OF THE 195 HUDSON STREET CONDOMINIUM, Appellant-Respondent, v. 195 HUDSON STREET ASSOCIATES, LLC, et al., Defendants, and K&J CONSTRUCTION CO., LP, et al., Respondents-Appellants. (And a Third-Party Action.)

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

Decided June 16, 2009.

Plaintiff's argument that the court abused its discretion by precluding their expert from testifying as to future costs is preserved (see CPLR 5501 [a] [3]; Kalisch-Jarcho, Inc. v City of New York, 58 N.Y.2d 377, 382 [1983]). "Given the lengthy colloquy on the subject, the court obviously was aware of the nature of the objection and, more importantly, it recognized that the issue would be subject to appellate review" (Gallegos...

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