Marbru Associates v. Kaplan

Order and judgment (denominated judgment), Su*395preme Court, New York County (Andrew R. Tyler, J.), entered on or about November 17, 1987, which, inter alia, granted defendant’s motion for summary judgment and directed plaintiff to offer defendant a renewal lease for certain premises, unanimously modified, on the law, without costs, the motion for summary judgment denied, the direction that plaintiff offer a renewal lease vacated, the matter remanded for further proceedings as to the actual use of the apartment, and, as modified, affirmed.

Issues of fact exist on this record as to whether…