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Tracy Peterson Obtains Order From Appellate Division, First Department, Reversing Summary Judgment In Case Addressing Permitted Use of Condominium Retail Unit

Tracy Peterson successfully appealed a decision of the Supreme Court, New York County, which granted summary judgment to the owner of a retail unit in an otherwise residential condominium in a case addressing whether a food business – and in particular, a frozen yogurt café – could operate out of the retail unit.  The Appellate Division determined that the trial court had been mistaken in concluding that a food business could be installed in the retail unit when the relevant provision in the condominium’s governing documents was ambiguous and there was evidence presented by the condominium that the parties had all understood from the outset that any food establishment was prohibited from operating out of the retail unit.

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