National Hotel Management Corp. v. Shelton Towers Associates

In an action, inter alia, to recover damages for breach of contract, the appeal is from a judgment of the Supreme Court, Kings County (Kartell, J), dated December 8, 1983, which (1) denied appellants’ motion, inter alia, to vacate an interlocutory judgment dated February 16, 1982, and to grant a new trial on the issue of liability, (2) confirmed the referee’s amended report on damages, and (3) awarded plaintiffs damages payable by appellants.

Judgment reversed, on the law and the facts, motion granted, interlocutory judgment vacated, and new trial granted, with costs to abide the event.

The…