Legal Opinion

P.W.B. Enterprises, Inc. v. Moklam Enterprises, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 21, 1997PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York *351County (Stuart Cohen, J.), entered May 7, 1997, which dismissed plaintiffs damage claims for renovation costs and loss of rental value, and denied cross motions for summary judgment with respect to plaintiffs claims for loss of profits, unanimously affirmed, without costs.

Plaintiffs claims for damages based upon the costs of its initial renovations were properly dismissed since such costs were offset by rent concessions and part of the initial consideration for entering into the lease. Nor can plaintiff seek to recover the cost of restoring the premises since it…

2Cases cited5 opinions

  1. Kenford Co. v. County of ErieNew York Court of Appeals · 1986
  2. Liberman v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Eisen v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1979
  4. P.W.B. Enterprises, Inc. v. Moklam Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. P.W.B. Enterprises, Inc. v. Ark Management Corp.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Blinds To Go (U.S.), Inc. v. Times Plaza Development, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Bostany v. Trump Organization LLCAppellate Division of the Supreme Court of the State of New York · 2011

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