Dinicu v. Groff Studios Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
After a nonjury trial where plaintiff produced conclusive evidence—and won a finding—of a substantial breach of her proprietary lease by defendant cooperative, she has come up empty as to any monetary recovery. While not always an anamoly, we reject such a result in this case, and remand the matter for a new trial limited to assessment of the damages incurred by her.
In 1979 plaintiff took a proprietary lease on a second-floor loft in the nine-story building owned by defendant cooperative corporation (Groff) at 151 West 28th Street, in Manhattan’s Chelsea…
2Cases cited12 opinions
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Greasy Spoon Inc. v. Jefferson Towers, Inc.New York Court of Appeals · 1990
- Alexander's Department Stores, Inc. v. Ohrbach's, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
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3Cited by26 opinions
- 40 West 67th Street v. PullmanNew York Court of Appeals · 2003
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- Babbitt Municipalities, Inc. v. Health Care Service Corp.Appellate Court of Illinois · 2016
- Willmschen v. Trinity Lakes Improvement Ass'nAppellate Court of Illinois · 2005
- Whalen v. 50 Sutton Place South Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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