H.K.D. Seafood Inc. v. 25 North Moore Associates, L. L. C.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered January 21, 1999, which, in an action by plaintiff commercial tenant against, among others, defendants-appellants landlord and managing agent for damages sustained as a result of a constructive eviction, granted plaintiffs motion for partial summary judgment against appellants on the issue of liability, unanimously affirmed, with costs.

Appellants were accorded a full and fair opportunity in the Civil Court holdover proceeding appellant landlord had commenced against plaintiff to litigate the issue of whether plaintiff had…