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East Harlem homeowners nail developers in legal fight

Teo, Ginnie

Victory is theirs. Now, if they could only get their homes fixed.

Three East Harlem homeowners in a city-subsidized co-op delivered a legal smackdown to one of the city’s big-shot developers.

A Manhattan Supreme Court Judge dismissed a $ 4.25 million lawsuit filed against the trio by Madison Park Development Associates and BFC Partners in February, after they complained to elected officials about what they called slipshod construction and repairs at 1831 Madison Ave.

“The factual allegations . . . do not support a single cause of action (the complaint) asserts,” Judge Ellen Coin wrote in the Nov. 17 ruling, ordering managing principal Donald Capoccia to pay the defendants’ legal fees.

“For the first time in months, I can get a good night’s sleep,” said Judith Febbraro, one of the homeowners listed in the suit. “Suing me for a million dollars because I complained about the substandard and dangerous conditions in my home was just unbelievable.”

Capoccia did not respond to requests for comment.

The defendants’ attorney, Yetta Kurland, said the ruling sends the right message to all people of limited means.

“To be slapped with a lawsuit because they asked for help was a really scary ordeal for them,” Kurland told the News, adding the ruling affirms, “You have the right to proper housing — and of course, you get to complain without fear of retribution.”

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Lifestyle – NY Daily News

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