N.Y. Univ. v. Cliff Tower, LLC

• Decision Date: 27 June 2013
• Citation: N.Y. Univ. v. Cliff Tower, LLC, 107 A.D.3d 649, 969 N.Y.S.2d 23, 2013 N.Y. Slip Op. 4911 (N.Y. App. Div. 2013)
• Parties: NEW YORK UNIVERSITY, Plaintiff–Appellant, v. CLIFF TOWER, LLC, Defendant–Respondent.
• Court: New York Supreme Court — Appellate Division

107 A.D.3d 649
969 N.Y.S.2d 23
2013 N.Y. Slip Op. 04911

NEW YORK UNIVERSITY, Plaintiff–Appellant,
v.
CLIFF TOWER, LLC, Defendant–Respondent.

Supreme Court, Appellate Division, First Department, New York.

June 27, 2013.

Bonnie Brier, New York (Nancy Kilson of counsel), for appellant.

Arent Fox LLP, New York (Bernice K. Leber of counsel), for respondent.

TOM, J.P., MAZZARELLI, MOSKOWITZ, GISCHE, JJ.

[107 A.D.3d 649]Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered July 17, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment dismissing defendant's second

[969 N.Y.S.2d 24]

through tenth defenses and counterclaims (counterclaims), granted in part defendant's cross motion for summary judgment as to defendant's tenth counterclaim, and referred the issue of damages on the tenth counterclaim to a special referee, unanimously modified, on the law, to grant plaintiff's motion for partial summary judgment dismissing the tenth counterclaim to the extent that it seeks lost rent, deny defendant's cross motion as to its tenth counterclaim, and remand the matter for further proceedings, and otherwise affirmed, without costs. Appeal from order on reargument, same court and Justice, entered September 27, 2012, unanimously dismissed, without costs, as academic.

Plaintiff correctly argues that the motion court erroneously failed to grant partial summary judgment dismissing the tenth counterclaim to the extent that defendant Cliff Tower sought lost rent from plaintiff in the amount of more than $1.5 million based on plaintiff's alleged...