Appellate Division of the Supreme Court of the State of New York December 26, 2012 (Archstone v. Tocci Building Corp. of New Jersey, Inc.)

*1063This appeal is one of several involving water intrusion and damage at a newly constructed apartment complex (see Arch-stone v Tocci Bldg. Corp. of N.J., Inc., 101 AD3d 1057 [2012]; Archstone v Tocci Bldg. Corp. of N.J., Inc., 101 AD3d 1059 [2012] [both decided herewith]).