SCHWARTZ v. 170 W. END OWNERS CORP.

Index No. 102124/15, Appeal No. 1986, Case No. 2023-00664.

2024 NY Slip Op 01884

MARTHA SCHWARTZ, Plaintiff-Appellant, v. 170 WEST END OWNERS CORP., Defendant-Respondent, ACP REALTY GROUP INC., Defendant.

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

Decided April 4, 2024.


Attorney(s) appearing for the Case

The Linden Law Group, P.C., New York ( Jeffrey Benjamin of counsel), for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Patrick F. Palladino of counsel), for respondent.

Before: Kern, J.P., González, Pitt-Burke, Rosado, JJ.


Order, Supreme Court, New York County (Richard Latin, J.), entered on or about January 13, 2023, which granted defendant's motion to reargue, and upon reargument, granted defendant's motion for summary judgment dismissing the nuisance and negligence claims in the amended complaint, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in granting defendant cooperative corporation's motion to reargue, and upon reargument, dismissing...

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