SCHMUTTER v. ABARGEL
282 A.D.2d 517 (2001)
723 N.Y.S.2d 95
NATHAN SCHMUTTER, Appellant, v. BARUCH ABARGEL et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Decided April 9, 2001.
Ritter, J. P., Krausman, H. Miller and Smith, JJ., concur.
Ordered that the order is affirmed, with costs.
On September 8, 1999, the plaintiff entered into a contract to
Contrary to the plaintiff's contention, the Supreme Court properly denied his motion for summary judgment. Although the existing certificate of occupancy for the premises permits the first floor of the building to be used as a supermarket, the defendants raised triable issues of fact as to whether the first floor of the premises was converted into office space pursuant to the alteration permit, and whether any alleged alteration invalidated the certificate of occupancy (see, Administrative Code of City of NY §§ 27-112, 27-217; see also, Kaltsas v Holender, 163 A.D.2d 357).
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