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BERNSTEIN v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC.

3717, 103498/09.

78 A.D.3d 590 (2010)

913 N.Y.S.2d 153

BRUCE BERNSTEIN et al., Respondents, v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, et al., Defendants, and NEW YORK CRANE & EQUIPMENT CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided November 30, 2010.

On March 15, 2008, a tower crane operating at 303 East 51st Street in Manhattan collapsed into the building at 300 East 51st Street. Plaintiffs Bernstein and Clarence Kwei, residents of the damaged building, claimed they were caused to suffer severe emotional distress and nuisance as a result of this incident.

The defendant was not estopped from relitigating matters decided in Battistello v East 51st St. Dev. Co., LLC (24 Misc.3d 858

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