Opinion
October 31, 1996.
Order, Supreme Court, New York County (Paula Omansky, J.), entered September 19, 1995, which, inter alia, denied plaintiff's cross motion for an order directing termite treatment and summary judgment on the issue of defendant's breach of the warranty of habitability, unanimously affirmed, with costs.
Before: Rosenberger, J. P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.
We agree with the motion court that on this record there exist questions of fact as to the legal status of the subject apartment, as well as the existence of, and attempts to treat, the termite condition. These are sufficient to warrant denial of summary judgment and mandatory injunctive relief.
We have considered plaintiffs' other contentions and find them to be without merit.