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BERENGER v. 261 W. LLC

5117, 5117A, 110744/09, 5117B

93 A.D.3d 175 (2012)

940 N.Y.S.2d 4

2012 NY Slip Op 738

MATHIAS BERENGER et al., Respondents, v. 261 WEST LLC et al., Appellants, et al., Defendants.

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

Decided February 2, 2012.

Attorney(s) appearing for the Case

Greenberg, Trager & Herbst, LLP, New York City ( Richard J. Lambert of counsel), for appellants.

Law Offices of Bryan W. Kishner and Associates, New York City ( Bryan W. Kishner and Ryan O. Miller of counsel), for respondents.

TOM, J.P., SAXE, MOSKOWITZ and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

This action for, inter alia, trespass and nuisance arises out of alleged emanations of noise and glycol, a liquid antifreeze, from a cooling tower located on the roof of a condominium on West 28th Street in Manhattan. This causes us once again to reiterate the elements of those common-law claims. The plaintiffs purchased a penthouse unit in the condominium on November 15, 2006...

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