Opinion
February 17, 1994
Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).
Contrary to the contentions of both parties, the court properly determined that issues of fact exist as to whether plaintiff fulfilled a condition of the contract requiring him to make a good faith effort to obtain a permit from the building department to convert the premises to exclusive medical use, and thus appropriately denied summary judgment on both the motion and cross-motion (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
Concur — Carro, J.P., Wallach, Ross, Rubin and Williams, JJ.