Nitti v. Goodfellow

—Judgment unanimously reversed on the law with costs, judgment ordered and new trial granted on damages on the third and fourth counterclaims in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages for defendant’s alleged breach of a lease. Defendant appeals from a judgment entered following a bench trial awarding plaintiffs $66,701.52 plus interest, costs and disbursements. Supreme Court found that the premises were “substantially completed” and ready for occupancy at the end of March 1995, that defendant breached the lease by failing to occupy the…