Legal Opinion

Berenger v. 261 West LLC

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

This action for, inter alia, trespass and nuisance arises out of alleged emanations of noise and glycol, a liquid antifreeze, from a cooling tower located on the roof of a condominium on West *17828th Street in Manhattan. This causes us once again to reiterate the elements of those common-law claims. The plaintiffs purchased a penthouse unit in the condominium on November 15, 2006 from defendant, 261 West LLC, the sponsor of Onyx Chelsea Condominium, pursuant to a purchase agreement and offering plan. The defendants Bronfman and Haymes are members of 261 West LLC,…

2Cases cited22 opinions

  1. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
  3. Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
  4. Gross v. SweetNew York Court of Appeals · 1979
  5. CPC International Inc. v. McKessonNew York Court of Appeals · 1987

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3Cited by35 opinions

  1. Cangemi v. United StatesDistrict Court, E.D. New York · 2013
  2. Tribeca Space Mgrs., Inc. v. Tribeca Mews Ltd.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Liberman v. Cayre Synergy 73rd LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
  5. Weinreb v. 37 Apartments Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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