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MADISON 96TH ASSOC., LLC v. 17 EAST 96TH OWNERS CORP.

120 A.D.3d 409 (2014)

990 N.Y.S.2d 811

2014 NY Slip Op 05813

MADISON 96TH ASSOCIATES, LLC, Respondent, v. 17 EAST 96TH OWNERS CORP., Sued Herein as 17 EAST OWNERS CORP., Appellant. 17 EAST 96TH OWNERS CORP., Plaintiff, v. MADISON 96TH ASSOCIATES, LLC, Defendant, and 21 EAST 96TH STREET CONDOMINIUM, Respondent. (And Third-Party Actions.)

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

Decided August 14, 2014.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 29, 2013, which granted plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

This is an action for trespass based on the encroachment of air conditioners from defendant 17 East 96th Owners Corp.'s (defendant) abutting building into plaintiff Madison 96th Associates, LLC's (plaintiff) air space...

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