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

13149, 601386/03, 108695/04, 591088/05, 591089/05, 590585/07, 590113/08.

121 A.D.3d 605 (2014)

995 N.Y.S.2d 553

2014 NY Slip Op 07422

MADISON 96TH ASSOCIATES, LLC, Respondent, v. 17 EAST 96TH OWNERS CORP., Sued Herein as 17 EAST OWNERS CORP., Defendant. 17 EAST 96TH OWNERS CORP., Appellant, v. MADISON 96TH ASSOCIATES, LLC, et al., Respondents. (And Third-Party Actions.)

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

Decided October 30, 2014.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 29, 2013, which, to the extent appealed from as limited by the briefs, granted Madison 96th Associates, LLC's motion for partial summary judgment dismissing 17 East 96th Owners Corp.'s (17 East Owners) trespass claims related to the underpinning (third, fourth, and fifth causes of action in action No. 2), unanimously reversed, on the law, without costs, and the motion denied.

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