A tenant-driven class action lawsuit brought against two Lower Manhattan buildings ravaged by Hurricane Sandy must be dismissed because expert opinions meant to support negligence theories were conclusory and unsupported by data and industry standards, a state appeals court has ruled.
An Appellate Division, First Department panel wrote that ownership and management company defendants in the lawsuit had established entitlement to judgment as a matter of law by, among other things, showing that any property-related damages suffered by the tenants were “caused by an act of God” and that, in opposition, the tenants failed to raise a triable issue of fact.
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