RAVIX v. OLIGARIO

2017-06322, Index No. 605372/16.

170 A.D.3d 763 (2019)

93 N.Y.S.3d 584

2019 NY Slip Op 01629

Roger Ravix et al., Respondents, v. Immacula Oligario, Appellant.

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

Decided March 6, 2019.


Ordered that the order is affirmed, with costs.

The plaintiffs were residential tenants in a cottage house owned by the defendant. They allege that their personal property was destroyed in June 2015 when a defective plumbing system at the premises resulted in a flood. The defendant made a preanswer motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint. The Supreme Court denied the motion, and the defendant appeals.

On a motion to dismiss pursuant...

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