HERSH v. ONE FIFTH AVENUE APARTMENT CORP.

6312. 157593/14.

163 A.D.3d 500 (2018)

83 N.Y.S.3d 4

2018 NY Slip Op 05522

Anita Hersh, Appellant, v. One Fifth Avenue Apartment Corp. et al., Defendants, and Constance Ellis et al., Respondents.

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

Decided July 26, 2018.


In this case, plaintiff alleges that her apartment sustained extensive water infiltration due, in large part, to the condition of the greenhouse on the roof terrace located on the floor above her. According to plaintiff, the individual owners of the offending greenhouse (defendants Alan Belzer and Susan Martin), the cooperative (defendant One Fifth Avenue Corp.), and the individual board members failed to adequately address and remedy the situation, and their failure to act...

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