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30 E. 33RD ST. REALTY LLC v. PPF OFF TWO PARK AVENUE OWNER, LLC

9782, 652633/11.

105 A.D.3d 515 (2013)

963 N.Y.S.2d 106

2013 NY Slip Op 2482

30 E. 33RD ST. REALTY LLC, Appellant, v. PPF OFF TWO PARK AVENUE OWNER, LLC, Respondent.

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

Decided April 11, 2013.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 3, 2012, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

In 1927, defendant's predecessor in interest built a taller building on property adjoining plaintiff's building. Defendant's predecessor in interest also extended plaintiff's chimney, in order to bring plaintiff's existing chimney into compliance with the height requirements of the then applicable...

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