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Scott E. Mollen Scott E. Mollen

Landlord-Tenant—Class Action Against Owners of Building Flooded by Superstorm Sandy Dismissed

This decision involved property damage claims by commercial tenants against a building owner/(owner). The damage arose from Superstorm Sandy. A trial court had granted the owner summary judgment dismissing the complaint. The Appellate Division, First Department (court) affirmed.

The court explained that the owner “established entitlement to judgment as a matter of law.” The owner’s evidence showed that the tenant’s damages, if any, were caused by an “Act of God.” It further stated, “that a storm of the magnitude of Superstorm Sandy would strike lower Manhattan, and that compliance with the Department of Building’s mandated provisions for flood protection would be inadequate, were not foreseeable.”

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