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ESSA REALTY CORP. v. J. THOMAS REALTY CORP.

70 A.D.3d 483 (2010)

894 N.Y.S.2d 417

ESSA REALTY CORP., Respondent, v. J. THOMAS REALTY CORP., Appellant.

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

Decided February 16, 2010.

Plaintiff failed to show a likelihood of success on the merits, as there are disputed issues of fact and dueling expert testimony concerning whether defendant's building was leaning on—and thus causing damage to—plaintiff's building (see generally Blueberries Gourmet v Aris Realty Corp., 255 A.D.2d 348, 349-350 [1998]). Plaintiff also failed to demonstrate any formal notification...

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