Ronbet 366 LLC v. Tobias

Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered May 27, 2004, which, after a nonjury trial, awarded plaintiff the principal sum of $75,153.72, plus interest, counsel fees, costs and disbursements, unanimously affirmed, with costs. Appeal from order, same court (Marilyn Shafer, J.), entered May 10, 2004, which denied as moot defendant’s motion for summary judgment dismissing the complaint, unanimously dismissed, without costs.

*103We previously noted, in this dispute over the construction of a lease modification agreement, the improbability “that the subject lease…