RSB Bedford Associates LLC v. Ricky's Williamsburg, Inc.

*527Judgment, Supreme Court, New York County (Bernard J. Fried, J.), entered July 20, 2012, awarding plaintiff $1,048,708.97, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about May 11, 2012, which confirmed in part and rejected in part the Special Referee’s report and recommendation as to damages, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

This Court previously held that plaintiffs ability to close on the contract for purchase of the subject building was frustrated by defendants’ repudiation of their agreement…