Opinion
3942.
Decided June 17, 2004.
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.
Marc S. Bresky, Elmhurst, for appellants.
Kramer Levin Naftalis Frankel LLP, New York (Jonathan M. Wagner of counsel), for respondent.
Before: Saxe, J.P., Sullivan, Williams, Friedman, Marlow, JJ.
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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.