10 EAST 70TH STREET, INC. v. GIMBEL


309 A.D.2d 644 (2003)

766 N.Y.S.2d 38

10 EAST 70TH STREET, INC., Respondent, v. ROGER GIMBEL et al., Appellants.

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

Decided October 23, 2003.


The affidavit of a cooperative board member attesting to the lack of board approval of the apartment extension, as ultimately constructed, and defendants' failure to establish that the structure was built according to plans for a "greenhouse," which seem to have received the approval of both the board and the Department of Buildings, demonstrate that defendants failed to establish their prima facie entitlement to summary judgment by "tendering sufficient evidence to eliminate...

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