Appellate Division of the Supreme Court of the State of New York November 14, 2013 (Onetti v. Gatsby Condominium)

Order, Supreme Court, New York County (Carol Edmead, J.), entered March 9, 2012, which, to the extent appealed from as limited by the briefs, granted defendant Intell 65 East 96, LLC’s (Intell) motion for summary judgment, and denied defendant The Gatsby Condominium’s (Gatsby) motion for summary judgment with respect to plaintiffs’ negligence and breach of contract claims, unanimously modified,