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CONSTANTINER v. THE SOVEREIGN APARTMENTS, INC.

7415. 651889/13.

165 A.D.3d 539 (2018)

86 N.Y.S.3d 49

2018 NY Slip Op 07049

Arturo Constantiner et al., Respondents, v. The Sovereign Apartments, Inc., Defendant, and Alan Kersh et al., Appellants.

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

Decided October 23, 2018.

Defendants argue that any negligence associated with the reconstruction of the floor in their bedroom was committed by their independent contractor and that therefore they cannot be held liable for the alleged resulting unreasonable amount of sound in plaintiffs' apartment below (see Saini v Tonju Assoc., 299 A.D.2d 244, 245 [1st Dept 2002]). However, the affidavit by plaintiffs' sound...

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