Kirschen v. Marino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover for damages to property based upon the breach of a lease, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), entered September 5, 2003, as granted the defendants’ motion pursuant to CPLR 3126 to the extent of precluding the plaintiff from offering evidence as to the value of his damaged property, with the exception of his damaged cedar closet.
Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.
The plaintiff commenced this action seeking to recover for the property damage to his…
2Cases cited15 opinions
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- Baglio v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 2003
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