Bialystoker Center & Bikur Cholim v. Lower East Side Health Care Holding Corp.

Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered June 23, 2005, which reversed a judgment of the Civil Court, New York County (Lucy Billings, J.), entered February 19, 2004, insofar as it awarded respondent tenant damages on its counterclaim against petitioner landlord for breach of lease, and ordered a new trial on the issue of damages, unanimously affirmed, with costs. The Clerk of the Civil Court, New York County is directed to enter judgment absolute against respondent tenant.

We disagree with Appellate Term that tenant’s damages,…