BD. OF MANAGERS OF THE 200 WEST 79TH ST. CONDO. v. 200 WEST 79TH ST. REALTY CORP.


201 A.D.2d 277 (1994)

607 N.Y.S.2d 285

Board of Managers of the 200 West 79th Street Condominium, Respondent, v. 200 West 79th Street Realty Corp., Appellant

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

February 3, 1994


We agree with the IAS Court that defendant failed to adduce any evidence raising a triable issue of fact with respect to plaintiff's ownership of the space in question, and that defendant's affirmative defenses and counterclaims, alleging an oral agreement permitting plaintiff's use of the space for garbage storage and its breach thereof, are without merit in view of the conclusive proof of ownership in plaintiff. Nor was it error to decide plaintiff's motion for summary...

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