Progressive Image Gruppe, Inc. v. 162 Charles Street Owners, Inc.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered August 29, 1997, which, in an action by a subtenant against the main tenant and others for breach of contract and fraud, denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.

The sublease, which permitted “commercial use with ancillary living only” and contained no express representation as to the certificate of occupancy, was not automatically voided by the circumstance that plaintiffs contemplated use of the premises as a combination residence and video editing shop did not conform with the…