Metropolitan Art Associates v. Wexler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In consolidated actions to recover damages for injury to property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated December 10, 1984, as, upon reargument of the plaintiffs’ motion to strike the third affirmative defense asserted in their answer in action No. 2, adhered to its original determination striking said defense.
Order affirmed, insofar as appealed from, with costs.
In their complaints, the plaintiffs allege that the defendant landlords’ negligence caused smoke and soot to emit from their heating unit,…
2Cases cited4 opinions
- Hogeland v. SibleyNew York Court of Appeals · 1977
- Brentano's, Inc. v. Charter Management Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Redding v. Gulf Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Bandbox Sportswear, Inc. v. Fashion Wear Realty Co.Appellate Division of the Supreme Court of the State of New York · 1969
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- Radius, Ltd. v. Laurence NewhouseAppellate Division of the Supreme Court of the State of New York · 1995
- Port Authority of New Jersey v. Evergreen International Aviation, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Breakaway Farm, Ltd. v. WardAppellate Division of the Supreme Court of the State of New York · 2005
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