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ST. NICHOLAS W. 126 L.P. v. REPUBLIC INV. CO., LLC

Index No. 156149/17. Appeal No. 13551N. Case No. 2020-02306.

193 A.D.3d 488 (2021)

146 N.Y.S.3d 612

2021 NY Slip Op 02228

St. Nicholas W. 126 L.P., Appellant, v. Republic Investment Company, LLC, et al., Respondents.

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Goldstein Hall PLLC, New York ( Brian J. Markowitz of counsel), for appellant.

Rivkin Radler LLP, New York ( David M. Grill of counsel), for Republic Investment Company, LLC, respondent.

Koster, Brady & Nagler, LLC, New York ( William H. Gagas of counsel), for Vertigo Ventures, LLC and Joseph Nehmadi, respondents.

John M. Giordano, P.C., New York ( John M. Giordano of counsel), for Bahary Architecture P.C., respondent.

Braverman Greenspun, P.C., New York ( Todd J. Manister of counsel), for BDB Construction Enterprise Inc., respondent.

Concur— Webber, J.P., Mazzarelli, González, Mendez, JJ.

Plaintiff claims that while defendants were developing a parcel of land adjacent to its premises, they engaged in unauthorized excavation and construction under its premises, causing damage to its building. The motion court improvidently denied plaintiff leave to amend its complaint to assert a claim for diminution of the value of air rights (see generally Davis v South Nassau Communities Hosp., 26 N.Y.3d 563, 580 [2015]). Plaintiff...

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