Capogrosso v. Reade Broadways Associates

Judgment, Supreme Court, New York County (Rosalyn Richter, J.), entered May 31, 2007, after a nonjury trial in an action arising out of a commercial tenancy, in favor of defendant landlord and against plaintiff tenant in the amount of $225,186.09, inclusive of interest, unanimously affirmed, with costs.

There is no merit to plaintiffs argument that because defendant did not settle an order within 60 days of the trial court’s decision, defendant’s claims underlying the award of damages in the judgment should be deemed abandoned pursuant to 22 NYCRR 202.48. The directive in the decision to…