Schwartz v. Roberts

—Order, Supreme Court, New York County (William J. Davis, J.), entered September 18, 1995, which granted defendants’ motion for summary judgment to dismiss the complaint pursuant to CPLR 3211 (c), unanimously reversed, on the law, without costs, and the complaint reinstated.

In this action involving plaintiffs’ use of a unit in their cooperative residential building for professional purposes, we find that, accepting the facts alleged as true, as we must on a motion to dismiss the complaint (Morone v Morone, 50 NY2d 481, 484), plaintiffs have sufficiently raised an issue of bad faith on the…