Time Warner Cable v. Brustowsky

—Order and judgment (one paper), Supreme Court, New York County (Edward Lehner, J.), entered August 14, 1995, which, inter alia, granted defendant’s motion for summary judgment on his first counterclaim for interest and dismissed all of defendant’s other counterclaims, unanimously modified, on the law, to the extent of denying defendant’s motion in its entirety and dismissing defendant’s first counterclaim, and otherwise affirmed, without costs.

While defendant landlord ultimately was successful on the merits in his declaratory judgment action against plaintiff tenant concerning the…