Local 798 Realty Corp. v. 152 West Condominium

Order, Supreme Court, New York County (Karen S. Smith, *240J.), entered March 28, 2006, which granted plaintiffs motion for partial summary judgment dismissing the first counterclaim, unanimously affirmed, with costs.

Plaintiff commenced this action in 2004, seeking, inter alia, “to rescind the unauthorized conversion [of the subject premises] into a commercial and residential condominium” and “to rescind certain contracts of sale improperly entered into in connection therewith.” Plaintiff alleges that defendant Vincent Callaghan entered into a scheme with codefendants-appellants by which the…