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WADE v. VILLAGE OF WHITEHALL

17 A.D.3d 813 (2005)

793 N.Y.S.2d 251

ALFRED WADE et al., Appellants, v. VILLAGE OF WHITEHALL et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 14, 2005.

Rose, J.

Plaintiffs commenced this action for damages alleging that defendants, in the process of tearing down a dilapidated building (hereinafter the Steinmetz building), also removed an exterior wall of the Steinmetz building (hereinafter the Steinmetz wall) that had shielded the contiguous wall of their abutting building (hereinafter the Wade building) from the elements. The record establishes that the Steinmetz and Wade buildings were both over 100 years old,...

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