Bialystoker Center & Bikur Cholim, Inc. v. Lower East Side Health Care Holding Corp.

Order, Supreme Court of the State of New York, Appellate Term, First Department, entered June 23, 2005, which reversed a judgment of the Civil Court, New York County (Lucy Billings, J.), entered February 19, 2004, insofar as it awarded respondent tenant damages on its counterclaim against petitioner landlord for breach of lease, and ordered a new trial on the issue of damages, unanimously affirmed, with costs.

We disagree with Appellate Term that tenant’s damages, as*308sessed by Civil Court in the principal amount of $2,307,223.15, and allegedly caused by an inability to procure Public Health Law…