Goldstone v Gracie Terrace Apt. Corp. (2011 NY Slip Op 51641(U))
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Goldstone v Gracie Terrace Apt. Corp.
2011 NY Slip Op 51641(U)
Decided on August 25, 2011
Supreme Court, New York County
James, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on August 25, 2011
Supreme Court, New York County
Maro A. Goldstone and THOMAS R. NEWMAN, Plaintiff,
against
Gracie Terrace Apartment Corporation, Defendant.
604235/07
Plaintiff's Attorney
Thomas R. Newman, Esq.
Ressler & Ressler
48 Wall Street
New York, NY 10005
212-695-6446
Defendant's Attorney
Stuart Haas, Esq.
Law Offices of Charles X. Connick, PLLC
114 Old Country Road, Suite 208
516-873-3900
Debra A. James, J.
Plaintiff Thomas R. Newman (Newman) moves, pursuant to CPLR 3212, on behalf of plaintiff Maro A. Goldstone (Goldstone) for partial summary judgment on the issue of liability for her second cause of action for breach of contract (warranty of habitability) and her fourth cause of action for breach of contract (repairs).
Defendant cross-moves, pursuant to CPLR 3212, for a declaratory judgment on its third counterclaim, declaring that defendant has the right, pursuant to the lease agreement, to use its business judgment to unilaterally repair the premises without the consent of plaintiffs, and to dismiss the fourteenth and fifteenth causes of action asserted against it.