Opinion
May 4, 1987
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order is affirmed, with costs.
The representations made by the plaintiff as to the rentcontrol status of the apartments in this multiple dwelling were set forth in the contract of sale and the mortgage. The appellant failed to present evidentiary proof in admissible form that these representations were false (see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.