In Quiles v. Term Equities, 22 A.D.3d 417, 421, 802 N.Y.S.2d 679 (1st Dept 2005), the building was not completely destroyed by a fire but rather remained standing, although it was uninhabitable. Id. at 419. The defendant owners then renovated the building, increasing the number of apartment units from 16 to 39. Id. The First Department reversed the trial court's order granting the plaintiffs' cross-motion for summary judgment on their wrongful eviction claim on the ground that there was an issue of fact as to whether the building was "so damaged by the fire as to have been 'effectively demolished.'" Id. at 421. The plaintiffs had submitted affidavits and deposition testimony of one of the plaintiffs stating that "the stairs, hallways and apartments were still in place" after the fire and that her apartment unit had sustained water damage but was still intact, while the defendants had submitted "an engineer's letter expressing the opinion that the building required a 'gut' renovation" because of substantial damage to the floor structure on the north side of the building and to the walls, ceilings, floor boards and plumbing, electrical and heating systems. Id. at 419-20.