In 905 5th Assoc., Inc. v. 907 Corp., 47 AD3d 401, 851 N.Y.S.2d 393 (1st Dept 2008), a cooperative owner alleged that a renovation performed for her upstairs neighbors constructively evicted her from her office. Plaintiff's proprietary lease provided, inter alia, that the cooperative "shall not be liable for . . . injury or damage to person or property caused by . . . another tenant . . . unless caused by the negligence of the cooperative." She sued the neighbors, their contractors, and the cooperative corporation. The claim against the cooperative was dismissed on the ground that plaintiff failed to present any evidence that it caused the damage and that she failed to show that she did not cause the damage when she renovated her own unit. The court also held that plaintiff failed to demonstrate that the cooperative controlled the contractors' work or that it was negligent in its approval of the renovation plan. The court held that, since there was no evidence of any negligence on the part of the cooperative, the latter was shielded by the proprietary lease. In seeking to prove that the cooperative was negligent, plaintiff in 905 5th Corp. relied on a notice of violation issued against the cooperative. However, the notice did not allege any affirmative acts of negligence by the cooperative and there was no finding of any wrongdoing by it.