FERNHOLZ v. HART

5028, 106980/11.

155 A.D.3d 520 (2017)

65 N.Y.S.3d 42

2017 NY Slip Op 08207

MAURICIO FERNHOLZ et al., Respondents, v. CRAIG HART et al., Respondents, and THE BOARD OF MANAGERS OF THE WASHINGTON IRVING CONDOMINIUM, Appellant.

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

Decided November 21, 2017.


Plaintiffs and defendants Craig Hart and Rebecca Barber, the owners of the apartment directly above plaintiffs' apartment, challenge the Board's 2004 decision not to require the former owner of the Hart and Barber apartments to rebuild an interior wall she had demolished without authorization. They contend that the absence of the wall created a condition that amplified noises from the Hart and Barber apartment.

The Board established prima facie its entitlement to...

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