P.A. Building v. New York

Full title: P.A. BUILDING COMPANY, Respondent, v. CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 25, 2007

36 A.D.3d 539 (N.Y. App. Div. 2007)

2007 N.Y. Slip Op. 455

826 N.Y.S.2d 892

Opinion

No. 53.

January 25, 2007.

Judgment, Supreme Court, New York County (Faviola A. Soto, J.), entered February 16, 2005, after a) nonjury trial, awarding plaintiff damages in the total amount o $1,312,960.26, unanimously affirmed, without costs.

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant.

Victor Bernstein, P.C., New York (Donald M. Bernstein of counsel), for respondent.

Before: Saxe, J.P., Marlow, Nardelli, Sweeny and Catterson, JJ.

The issue of whether, under the governing leases, costs of asbestos removal at the demised premises may be passed by plaintiff landlord to defendant tenant, has been determined by this Court on a prior appeal ( 305 AD2d 244), and we see no reason to revisit the issue, much less revise our determination. Defendant's remaining argument respecting the trial court's calculation of interest was waived.