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11 ESSEX ST. CORP. v. TOWER INS. CO. OF N.Y.

600176/04-110019/04, 101984/05, 590172/06, 590479/06, 590879/06, 590972/06, 4156, 4155.

153 A.D.3d 1190 (2017)

2017 NY Slip Op 06709

63 N.Y.S.3d 13

11 ESSEX STREET CORP., Appellant, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant. 11 ESSEX STREET CORP., Appellant, v. 7 ESSEX STREET, LLC, C/O VESTA DEVELOPMENT GROUP, et al., Defendants, DESIMONE CONSULTING ENGINEERS et al., Respondents, and JEFFREY M. BROWN ASSOCIATES, INC., Appellant. (And Other Actions.)

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

Decided September 28, 2017.

These appeals arise out of a months-long trial that ultimately resulted in a mistrial. Over a two-month period, plaintiff, the owner of a five-story walk-up apartment building, called 11 witnesses, including an expert who testified over the course of seven days through two rounds of direct and two rounds of cross-examination. The issue in the case was whether defendants were liable for the damage to plaintiff's building caused...

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