Emery Roth & Sons, P.C. v. M&B Oxford 41, Inc.

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered September 19, 2001, in favor of respondent premises owner and against petitioner architect in the amount of $128,500, plus interest, unanimously modified, on the law and the facts, to award $107,009.33 in favor of the owner and against the architect, plus interest, and otherwise affirmed, without costs. Appeal from order (denominated decision and judgment), same court and Justice, also entered September 19, 2001, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

*321The owner brought the…