Contrary to the contentions of both parties, the court properly determined that issues of fact exist as to whether plaintiff fulfilled a condition of the contract requiring him to make a good faith effort to obtain a permit from the building department to convert the premises to exclusive medical use, and thus appropriately denied summary judgment on both the motion and cross-motion (see, Zuckerman v City of New York,
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GRACE v. ORTENZIO
201 A.D.2d 390 (1994)
609 N.Y.S.2d 769
William Grace, Appellant-Respondent, v. James Ortenzio, Respondent-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 17, 1994
February 17, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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