Matter of Van Dorn Holdings, LLC v. 152 W. 58th Owners Corp.

Order and judgment (one paper), Supreme Court, New York County (Kathryn E. Freed, J.), entered on or about August 22, 2016, which insofar as appealed from as limited by the briefs, in this proceeding pursuant to RPAPL 881, ordered petitioner to pay respondent David Fallarino a monthly license fee of $2,000 from February through September 2016, ordered petitioner to pay a $500 penalty for each day beyond the term of the license that its work is not completed, and awarded respondents attorneys’ and engineers’ fees, unanimously modified, on the facts and in the exercise of discretion, to vacate,…