Legal Opinion
Madison 96th Associates, LLC v. 17 East 96th Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided August 14, 2014No. 12701 601386/03 108695/04 591088/05 591089/05 590585/07 590113/08PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 29, 2013, which granted plaintiffs motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
This is an action for trespass based on the encroachment of air conditioners from defendant 17 East 96th Owners Corp.’s (defendant) abutting building into plaintiff Madison 96th Associates, LLC’s (plaintiff) air space. It is immaterial that plaintiff failed to submit a survey accompanied by the surveyor’s affidavit as proof of the encroachment (see Thomson v Nayyar, 90 AD3d 1024, 1026 [2d…
2Cases cited14 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
- People v. BrownNew York Court of Appeals · 2002
- Merrill Lynch Mortgage Investors, Inc. v. Love Funding Corp.New York Court of Appeals · 2009
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3Cited by5 opinions
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- Clinton Street Soma Project, LLC v. Rapid Response Monitoring Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Jagdeo v. Borden House CondominiumAppellate Division of the Supreme Court of the State of New York · 2025