815 PARK AVE. OWNERS, INC. v. LAPIDUS


190 A.D.2d 574 (1993)

815 Park Avenue Owners, Inc., Respondent, v. Steve Lapidus et al., Defendants, and Edward A. Metzger, Appellant

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

February 11, 1993


Summary judgment was properly granted, defendant having failed to demonstrate the existence of a genuine issue of fact. Defendant failed to demonstrate any triable issue concerning the ownership of the premises and the alleged partial actual eviction of defendant. With regard to the latter, there was absolutely no evidence that plaintiff wrongfully ousted defendant from his apartment (see, Barash v Pennsylvania Term. Real Estate Corp., 26 N...

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