Brook Shopping Centers, Inc. v. F.W. Woolworth Co.

In an action, inter alia, to collect rent payments, the defendant appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), dated July 29, 1992, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $238,145.79, and the plaintiff cross-appeals on the ground of inadequacy from the same judgment.

Ordered that the judgment is reversed, on the law and the facts, with costs to the defendant, and the complaint is dismissed.

This appeal concerns the amount of rent to be paid by the defendant F.W. Woolworth Co. (hereinafter Woolworth) for…