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CALDERONI v. 260 PARK AVE. S. CONDOMINIUM

Index No. 152050/22. Appeal No. 876-877. Case Nos. 2022-03926, 2022-04140.

220 A.D.3d 563 (2023)

198 N.Y.S.3d 527

2023 NY Slip Op 05357

Erin P. Calderoni et al., Respondents, v. 260 Park Avenue South Condominium et al., Appellants.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York (Nicholas Vevante of counsel), for appellants.

Barton LLP, New York (Randall Laurel Rasey of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (William Perry, J.), entered on or about August 4, 2022, which denied defendants' motion to dismiss the complaint, unanimously modified, on the law, the motion granted insofar as dismissing the cause of action for private nuisance (eleventh cause of action), and otherwise affirmed, without costs. Order, same court and Justice, entered on or about August 24, 2022, which granted plaintiffs' motion to appoint a temporary receiver, unanimously...

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