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LUSKER v. ZELMANOFF

248 A.D.2d 130 (1998)

669 N.Y.S.2d 534

Ronald Lusker, Appellant, v. March Zelmanoff, Respondent, et al., New York City Loft Board, Defendant

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

March 3, 1998

The complaint was properly dismissed on the ground that under the subject contract, defendant was obligated only to apply for a retail variance for her loft space, and, since plaintiff's proof admitted such application, there were no breach of contract issues for the jury to decide. That defendant's application sought residential as well as retail use of her space did not tend to show that she acted in bad faith, where there was...

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