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MANHATTAN PROPERTIES, INC. v. 9 EAST 30TH REALTY LLC

3866, 603535/06, 590687/07, 591127/07.

79 A.D.3d 524 (2010)

914 N.Y.S.2d 21

MANHATTAN PROPERTIES, INC., Plaintiff, v. 9 EAST 30TH REALTY LLC et al., Defendants. (And a Third-Party Action.) 9 EAST 30TH REALTY LLC, Second Third-Party Plaintiff-Respondent, v. WALDORF CARTING CORP., Second Third-Party Defendant-Appellant, and PROTECH INTERIORS, INC., Second Third-Party Defendant-Respondent.

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

Decided December 14, 2010.

The extensive, and in material part, uncontradicted deposition testimony, along with photographs and certain other evidence, eliminates any factual dispute as to the cause of the collapse of the party wall between 7 East 30th Street and 9 East 30th Street. The record demonstrates conclusively that the earlier partial collapse of the interior of the building at 9 East 30th Street, during which several floors and floor joists collapsed...

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