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LORNE v. 50 MADISON AVE. LLC

579.

2009 NY Slip Op 06381

SIMON LORNE, ET AL., Plaintiffs-Respondents, v. 50 MADISON AVENUE LLC, ET AL., Defendants-Respondents, GOLDSTEIN PROPERTIES LLC, ET AL., Defendants, THE BOARD OF MANAGERS, ET AL., Defendants-Appellants, 50 MADISON AVENUE CONDOMINIUM, ADDITIONAL Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellants.

Zetlin & De Chiara LLP, New York (James H. Rowland of counsel), for Lorne respondents.

Epstein Becker & Green, P.C., New York (Ralph Berman of counsel), for 50 Madison Avenue LLC and Samson Management LLC, respondents.

Before: Andrias, J.P., Saxe, Sweeny, Freedman, JJ.

Plaintiffs allege that the concrete slab or "substrate" under the hardwood floors in the unit they purchased from the sponsor defendants was not properly leveled and flattened, resulting in numerous loose floorboards and warping in some areas; that the sponsors acknowledged that the floors in the unit had been improperly installed and undertook to replace the floors; that after several unsuccessful attempts by the sponsors to correct the problem, plaintiffs decided to undertake...

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