WYNKOOP v. 622A PRESIDENT ST. OWNERS CORP.

2016-05842, 2016-11142. Index No. 507156/13.

169 A.D.3d 1106 (2019)

95 N.Y.S.3d 219

2019 NY Slip Op 01452

Brett Wynkoop et al., Appellants, v. 622A President Street Owners Corp. et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 27, 2019.


Ordered that the order dated April 11, 2016, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated July 25, 2016, is modified, on the law and the facts, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for summary judgment dismissing the counterclaims alleging breach of contract based on the improper use or occupancy of the building cellar, and substituting therefor a provision granting...

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