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BARKLEE 94 LLC v. OLIVER

13726, 100346/13.

124 A.D.3d 459 (2015)

BARKLEE 94 LLC, Respondent, v. AUGUSTUS OLIVER et al., Appellants.

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

Decided January 15, 2015.

The parties are owners of adjoining townhouses with a common structural wall (the Party Wall). Plaintiff commenced this action on February 15, 2013, alleging in support of its first, second, fourth and fifth causes of action that, in 2009, defendants, among other things, made changes to the rooftop part of the Party Wall (the Parapet Wall), rebuilt a chimney and flue in the northern section of the Party Wall, installed new flues...

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