Smitten v. 56 MacDougal Street Co.

Judgment, Supreme Court, New York County (Shirley Fingerhood, J.), entered on May 10, 1990, which found in favor of plaintiff against defendant in the amount of $44,796.83, is unanimously affirmed, without costs. The appeal from the order of the same court and Justice, entered on April 25, 1990, which granted plaintiff’s motion pursuant to CPLR 3212 for summary judgment and denied defendants’ cross motion pursuant to CPLR 3211 for dismissal of the complaint, is dismissed as superseded by the appeal from the aforesaid judgment, without costs.

Plaintiff was the first tenant in this formerly…