Weiden v. 926 Park Avenue Corp.

— Judgment of the Supreme Court, New York County (Gaspar S. Fasullo, J.H.O., after reference by order of Xavier Riccobono, J., dated Jan. 26, 1988), entered on or about September 6, 1988, which, inter alia, granted the motion by defendants 926 Park Avenue Corp. and Sulzberger Rolfe, Inc., after hearing, to dismiss the complaint, and awarded defendants recovery on their counterclaim for use and occupancy, is unanimously modified, on the law and facts, to delete decretal paragraphs 6, 7 and 8, which direct plaintiff Peter Weiden to surrender possession of the subject premises, and otherwise…