Wisotsky v. McGoldrick

Motion for leave to reargue is granted and, upon reargument, the court adheres to its original determination.

The court has carefully studied the entire record herein and the contrary decision brought to its attention.

The subject premises involved herein consist of a two-story building, the lower portion of which is used for business purposes by the petitioner and the upper portion consists of an apartment. The petitioner, a recent purchaser of the premises, sought the use of the apartment for reasons set forth in the original moving papers and in the record produced by the respondent. The…