San-Dar Associates v. Fried

Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about May 19, 2016, which denied plaintiffs’ motion for summary judgment on the complaint and dismissing the affirmative defenses and the counterclaim for slander of title, and denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant plaintiffs’ motion as to the counterclaim, and otherwise affirmed, without costs.

While the record establishes that defendants’ building now uses more floor area than was reported in previous filings with the Department of Buildings…