41 Fifth Owners Corp. v. 41 Fifth Equities Corp.

Judgment, Supreme Court, New York County (Jane Solomon, J.), entered September 5, 2003, following a nonjury trial, which awarded plaintiff the principal sum of $197,723.42, and, insofar as appealed from, (1) dismissed defendant’s second counterclaim seeking damages for lost rent; (2) denied defendant’s third counterclaim, as restated, and declared defendant the owner of an air conditioning and ventilation unit (a/c unit) servicing the professional offices; and (3) awarded plaintiff attorneys’ fees incurred in defending the counterclaims, unanimously modified, on the law, to declare plaintiff…