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ANDRE v. S.W. QUEENS MEZZANINE, LLC

2019-13657. Index No. 703668/16.

205 A.D.3d 864 (2022)

168 N.Y.S.3d 510

2022 NY Slip Op 03220

Nadia Andre, Respondent, v. S.W. Queens Mezzanine, LLC, et al., Appellants, and MNR Group, Inc., Respondent, et al., Defendant.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C. (Mauro Lilling Naparty, LLP, Woodbury, NY [ Seth M. Weinberg and Ashley Guarino ], of counsel), for appellants.

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville, NY ( Eileen M. Baumgartner of counsel), for defendant-respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured on March 29, 2013, when she was exposed to chemicals, dust, debris, and other substances which were discharged from an air conditioner in her apartment. According to the plaintiff, she purchased the air conditioner herself, and the building superintendent installed it in a living room window after the plaintiff moved into her apartment. In addition, the plaintiff...

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