FREEDMAN v. ZEIGLER

3201, 110462/06, 590898/06, 590763/07.

75 A.D.3d 419 (2010)

904 N.Y.S.2d 415

RICHARD FREEDMAN et al., Plaintiffs, v. FRED ZEIGLER, Appellant. HOWARD B. WEBER, Nonparty Respondent.

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

Decided July 1, 2010.


Sanctions were properly denied as it was reasonable for plaintiffs to sue defendant, whose apartment was undergoing renovation and was initially believed by building personnel to be the source of the leak that damaged plaintiffs' apartment two floors below. Indeed, defendant's commencement of a third-party action against the contractor he had hired shows that defendant himself believed that his contractor may have been responsible. That defendant was ultimately found to be...

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