CONFORTI v. GORADIA


234 A.D.2d 237 (1996)

651 N.Y.S.2d 506

Joseph Conforti, Respondent, v. Indu Goradia et al., Appellants. Joseph Conforti, Appellant, v. Indu Goradia et al., Respondents

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

December 31, 1996


The essence of defendants' objection to the grant of summary judgment is the declaration that the leased premises include a roof terrace, the boundaries of which are delineated by a wooden roof deck. Defendants contend that summary judgment was improper in the absence of any documentary evidence that the terrace is included in the leased space. However, the record contains plaintiff's affidavit, which states that he has been a tenant of the penthouse apartment since 1974...

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