SHAH v. 20 E. 64TH ST., LLC

Index No. 156305/15 Appeal No. 13520-22 Case Nos. 2019-5113, 2019-5153, 2019-5154, 2020-01577.

198 A.D.3d 23 (2021)

154 N.Y.S.3d 6

2021 NY Slip Op 04587

HEMANT SHAH et al., Appellants-Respondents, v. 20 EAST 64TH STREET, LLC, Respondent-Appellant. URBAN FOUNDATION/ENGINEERING, LLC, et al., Respondents, et al., Defendants.

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

Decided July 29, 2021.


Attorney(s) appearing for the Case

Law Office of Kenneth G. Roberts, P.C., New York City ( Kenneth G. Roberts and Paul Golden of counsel), for appellants-respondents.

Wade Clark Mulcahy, LLP, New York City ( Vivian Turetsky , Michael A. Bono and Douglas Giombarrese of counsel), for 20 East 64th Street, LLC, respondent-appellant.

Mauro Lilling Naparty, LLP, Woodbury ( Eric Z. Leiter and Anthony F. DeStefano of counsel), for Urban Foundation/Engineering, LLC, respondent.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Jonathan P. Shaub , Timothy R. Capowski , Sofya Uvaydov and Sean E. Harriton of counsel), for Tri-Star Construction Corp., respondent.

GISCHE, J.P., KAPNICK and OING, JJ., concur.


OPINION OF THE COURT

These appeals arise out of property damage to plaintiffs' landmarked Italian renaissance mansion located on the Upper East Side of Manhattan. The damage occurred as the result of excavation and underpinning work by plaintiffs' neighbor, 20 East 64th Street...

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