Gottlieb v. Newton

Order, Supreme Court, New York County (Emily Goodman, J.), entered November 13, 1997, which denied plaintiffs motion for summary judgment on his claim for $94,736.93 due under a stipulation in partial settlement of a dispute over accrued rent arrears, unanimously reversed, to the extent appealed from, on the law, with costs, summary judgment granted as to liability, the counterclaims severed, and the matter remanded to Supreme Court for a hearing on the issue of damages.

Defendants are assignees of a lease for commercial premises, which they formerly operated as a cafe at 415 Bleecker Street.…