636 Apartment Associates, J v. v. Fleetridge East Owners, Inc.

In an action, inter alia, to recover money damages and for declaratory relief, the defendant appeals from so much of an order of the Supreme Court, Westchester County (DiBella, J.), dated November 25, 2014, as denied that branch of its motion which was for summary judgment dismissing the first cause of action and, in effect, declaring that it does not have an unconditional obligation to repair the subfloors in the plaintiff’s apartments at the subject property.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was…