Opinion
Argued November 11, 1993
Decided December 15, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Martin Schoenfeld, J.
Cohen Hochman, New York City ( Robert Ligansky of counsel), for appellant.
O. Peter Sherwood, Corporation Counsel of New York City ( Kathleen Alberton and Stephen J. McGrath of counsel), for respondent.
Order modified, with costs to plaintiff, by remitting the case to Supreme Court, New York County, for entry of a judgment in the principal sum of $25,600, with any appropriate interest, and, as so modified, affirmed for the reasons stated in the memorandum at the Appellate Division ( 191 A.D.2d 267). We add only that we have reduced the principal amount of the judgment to reflect that the parties have settled and discontinued so much of the action as pertained to three orders which amounted to $4,250 in fines and penalties.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE.