October 12, 2017

DSB was successful in dismissing plaintiff’s Complaint against the defendant on a pre-discovery motion to dismiss. In this New York County action, plaintiff allegedly sustained property damage when a pipe burst in the defendant’s apartment, located immediately above the plaintiff’s apartment. The Court granted the firm’s motion to dismiss the complaint on the grounds that the plaintiff was not a third-party beneficiary to the lease agreement between the defendant and the property owner.

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