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E-mail Shows Couple’s Suit vs. Corcoran Group Holds Water, Judge Says

Dailey News, November 17, 2009

By Scott Shifrel

The “e” in e-mail stands for evidence.

A judge slapped the Corcoran Group on Monday for misleading a couple about a “lemon” apartment in Brooklyn that floods when it rains. The real estate giant insisted it knew nothing of the flooding, but months into a $5 million suit brought by the buyers, an e-mail from the broker turned up saying, “I have pushed this appointment to Thursday, due to heavy rain.”

Manhattan Supreme Court Justice Charles Ramos sanctioned Corcoran, declaring it misled the buyer – a huge leg up if the case goes before a jury.

Harold Einstein and Jennifer Boyd paid $1.3 million in June 2007 for the three-bedroom Park Slope duplex but quickly found out that when it rained outside, it also did inside.

“It’s like the side of a swimming pool has come down,” said Einstein, a video director and distant cousin of the famous scientist. The family moved to another flat and sued.

[Corcoran] shouldn’t have put the apartment on the market,” said Jay Itkowitz, the couple’s lawyer.

Corcoran lawyer Philip Pierce vowed to appeal Ramos’ decision.