Temple Building Associates v. Somerville

Judgment unanimously affirmed without costs. Memorandum: We note at the outset that the appeal was taken from an order that was subsumed in a subsequent judgment. In the exercise of our discretion, we treat the appeal as from the subsequent judgment (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; CPLR 5520 [c]). Following a bench trial. Supreme Court determined that plaintiff presented insufficient evidence of damages to support its causes of action for breach of an agreement to lease and dismissed those causes of action. We affirm. The damages recoverable for a prospective lessee’s…