BAKER v. 40 EAST 80 APT. CORP.

Index No. 603683/03. Appeal No. 15696. Case No. 2021-01151.

204 A.D.3d 462 (2022)

167 N.Y.S.3d 57

2022 NY Slip Op 02357

Janet Greenberg Baker et al., Appellants-Respondents, v. 40 East 80 Apartment Corporation et al., Respondents-Appellants, et al., Defendants. (And Other Third-Party Actions.).

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

Decided April 12, 2022.


Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, Garden City ( John M. Brickman , of counsel) for appellants-respondents.

Barry McTiernan & Moore LLC, New York ( David H. Schultz , of counsel) for 40 East 80 Apartment Corporation, respondent-appellant.

McGivney, Kluger, Clark & Intoccia, P.C., New York ( Lawrence J.T. McGivney , of counsel) for Penmark Realty Corporation, respondent-appellant.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.


Plaintiffs are the owners of an apartment in a cooperative building owned by defendant 40 East. Defendant Penmark was the building's managing agent through December 31, 2009. Plaintiffs claim that, as a result of defendants' failure to make necessary repairs, water and mold infiltrated their apartment, damaging their real and personal property and rendering the apartment uninhabitable...

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