468-470 NINTH AVE. CORP. v. RANDALL


199 A.D.2d 13 (1993)

604 N.Y.S.2d 101

468-470 Ninth Avenue Corp., Appellant, v. Brian Randall, Doing Business as "Kunst Company", et al., Respondents, and David McGrath, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1993


According to the uncontroverted evidence submitted by the moving defendants, the units in question were converted to residential use in 1981. The owner's blanket denial of knowledge of the conversions is insufficient to rebut the detailed affidavits submitted by the tenants demonstrating not only knowledge of and acquiescence on the part of plaintiff's principal in the residential use of the premises, but also his active encouragement and participation in the renovation process...

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