468-470 Ninth Avenue Corp. v. Randall

Order, Supreme Court, New York County (Walter M. Schackman, J.), entered February 2, 1993, which denied plaintiffs motion for, inter alia, use and occupancy, and denied the motion of defendant-cross-appellant David McGrath for summary judgment on the eleventh affirmative defense and fifth counterclaim, unanimously affirmed, without costs.

According to the uncontroverted evidence submitted by the moving defendants, the units in question were converted to residential use in 1981. The owner’s blanket denial of knowledge of the conversions is insufficient to rebut the detailed affidavits submitted…