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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)

Citation
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Parent Document
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Jurisdiction
New York (state)
Effective Date
2017-07-12

Full Text

471 chars
With respect to the other items in the apartment—that is, items small enough to be placed in boxes—there is also no dispute that the boxed items stored on a lower floor were eventually discarded. Per the testimony of both of defendant’s witnesses, this was done several months after the lawsuit had already been commenced. Even if defendant had provided proper notice to plaintiff—and the court finds that it did not— that would not fully mitigate defendant’s negligence.