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STINNER v. EPSTEIN

2015-12580, Index No. 17069/14.

162 A.D.3d 819 (2018)

79 N.Y.S.3d 212

2018 NY Slip Op 04371

Gerald Stinner, Individually and Derivatively on Behalf of Ansonia Storage Warehouse Corporation, et al., Respondents, v. Barbara Epstein, Individually and as Member of the Board of Directors of Defendant Ansonia Storage Warehouse Corporation, et al., Defendants, and Jay Sharfstein, Individually and as Member of the Board of Directors of Defendant Ansonia Storage Warehouse Corporation, Appellant.

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

Decided June 13, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action after suffering a bed bug infestation in their cooperative apartment. The plaintiffs alleged that the infestation, which originated in the apartment across the hall from theirs, continued for approximately 10 months until the plaintiffs hired an exterminator to provide competent abatement services. By that time, the infestation had spread to other portions...

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