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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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*111By order dated March 19, 2009, the court granted the defendants’ motion for summary judgment dismissing the complaint. (2009 NY Slip Op 30641[U].) The court concluded that the unsworn reports of Browne, the JLC inspector who took “environmental tests two years [sic] [it was in fact four years] after work was commenced” on the building, had no probative weight and failed to raise a triable issue of fact. (Id. at *6.) The court further held that plaintiff had not submitted any admissible evidence that plaintiff was subjected to toxins in the apartment, or any evidence that, if the toxins existed, they were caused by work performed on the building.