SCHWARTZ v. HOTEL CARLYLE OWNERS CORPORATION

15170, 150229/12, 157070/12.

132 A.D.3d 541 (2015)

20 N.Y.S.3d 341

2015 NY Slip Op 07601

MURRAY SCHWARTZ, Respondent, v. HOTEL CARLYLE OWNERS CORPORATION et al., Appellants, et al., Defendant. (And Another Action.)

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

Decided October 20, 2015.


Plaintiff, the owner of a residential suite in the Carlyle Hotel, alleges that, following a water leak that occurred in July 2011, the hotel's agents trespassed in his apartment and converted specified items of personal property, and that the hotel breached the covenant of quiet enjoyment in the proprietary lease.

Defendants demonstrated entitlement to dismissal of the trespass claim because the proprietary lease for the apartment permits the hotel to enter the apartment...

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