KLAFEHN v. MORRISON

508862.

75 A.D.3d 808 (2010)

906 N.Y.S.2d 347

JAMES KLAFEHN, Respondent, v. MARIA C. MORRISON et al., Appellants.

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

Decided July 8, 2010.


Egan Jr., J.

Defendants, together with their late or former spouses, purchased a four-unit apartment building in the City of Ithaca, Tompkins County in 1973. In 1998, a tenant in the basement apartment reported that the toilet was leaking and the floor was "rickety." In return for an abatement of his rent, the tenant tore up a portion of the bathroom floor, finding rotten wood and an accumulation of a "black ooze" under the toilet. The tenant consulted with the owners...

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