Quiala v. Laufer

Order, Supreme Court, New York County (Carol H. Arbor, J.), entered August 27, 1992 which denied the defendant landlord’s motion for a judgment in his favor on his second counterclaim for use and occupancy for the subject apartment, unanimously reversed, on the law and the facts, insofar as to remand the matter back to the trial court for further proceedings to determine the amount of use and occupancy due the defendant for the subject apartment, without costs.

On a prior appeal in this declaratory judgment action, this Court, inter alia, reversed the Supreme Court’s declaration that plaintiff…