GENDELL v. 42 W. 17TH ST. HOUS. CORP.

Index No. 158100/15. Appeal No. 13712. Case No. 2020-04265.

193 A.D.3d 644 (2021)

148 N.Y.S.3d 76

2021 NY Slip Op 02600

Yfat Gendell et al., Appellants-Respondents, v. 42 W. 17th St. Housing Corp. et al., Respondent-Appellants.

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for appellants-respondents.

Gartner + Bloom PC, New York ( Alexander D. Fisher of counsel), for respondents-appellants.

Concur—Kern, J.P., Moulton, Scarpulla, Mendez, JJ.


The court correctly denied partial summary judgment to plaintiffs on the breach of contract claim, because there are issues of fact with respect to the source of the leaks in plaintiffs' units and, consequently, which party bears responsibility for the leaks under the proprietary lease, offering plan, and amendments thereto.

The court correctly declined to dismiss the negligence claim as duplicative of the breach of contract claim, because defendant had a nondelegable...

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