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SILVERMAN v. 875 TENANT CORP.

16 A.D.3d 248 (2005)

791 N.Y.S.2d 542

JOHN E. SILVERMAN et al., Respondents-Appellants, v. 875 TENANT CORP. et al., Appellants-Respondents. JOHN E. SILVERMAN et al., Appellants, v. 875 TENANT CORP., Respondent, et al., Defendant.

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

March 22, 2005

The court did not err in granting defendants summary judgment on the first cause of action, since the facts herein do not give rise to a claim of wrongful eviction, much less the claimed violation of RPAPL 853 (see Gold v Schuster, 264 A.D.2d 547 [1999]). No reasonable reading of the documentary evidence supports a claim that defendants breached any contract, or that plaintiffs were damaged thereby. In any event, plaintiffs waived...

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