Congregation Kehilath Jeshurun v Chaim Ophir

Congregation Kehilath Jeshurun v Ophir 2004 NY Slip Op 05352 [8 AD3d 139] June 17, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

Congregation Kehilath Jeshurun, Respondent,
v
Chaim Ophir et al., Appellants.

—[*1]Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 24, 2003, which denied defendants' motion for summary judgment dismissing the complaint on grounds of a defense based on documentary evidence, claims barred by the statute of frauds, and failure to state a cause of action, unanimously affirmed, without costs.

In seeking to recover an apartment occupied by plaintiff's employee, exploration of plaintiff's relationship with the building landlord and defendants is essential to resolution of this dispute. According every reasonable inference to plaintiff's allegations, the complaint is viable. Concur—Saxe, J.P., Sullivan, Williams, Friedman and Marlow, JJ.