LAURICELLA v. LC APTS., LLC

241 CA 18-01301.

173 A.D.3d 1821 (2019)

103 N.Y.S.3d 726

2019 NY Slip Op 05276

Rita Lauricella, Appellant, v. LC Apartments, LLC, Respondent.

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

Decided June 28, 2019.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this negligence and breach of contract action seeking damages for personal injuries allegedly arising from her exposure to second-hand smoke in an apartment that she leased from defendant. Plaintiff appeals from an order granting defendant's motion for partial summary judgment dismissing the negligence claim and limiting damages in the breach...

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