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BOARD OF MGRS. OF SARATOGA CONDOMINIUM v. SHUMINER

152906/12, 3540, 651232/12, 539.

148 A.D.3d 609 (2017)

2017 NY Slip Op 02381

51 N.Y.S.3d 34

BOARD OF MANAGERS OF THE SARATOGA CONDOMINIUM, Respondent, v. NIR SHUMINER, Appellant. SCANIO MOVERS, INC., Appellant, v. THE SARATOGA NEW YORK LLC, Doing Business as THE SARATOGA CONDOMINIUM, et al., Respondents.

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

Decided March 28, 2017.

In these consolidated appeals, Scanio, a commercial tenant, claimed that it was constructively evicted due to scaffolding and sidewalk sheds around its store, which were erected in preparation for facade work to the Saratoga Condominium. Scanio vacated the premises and commenced an action alleging, among other things, constructive eviction against the Landlord. The Landlord counterclaimed for, among other things, the remaining rent due, and commenced a separate action against...

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