Randall-Smith, Inc. v. 43rd St. Estates Corp.

Judgment in this action for violation of the covenant of quiet enjoyment and for other relief, unanimously modified, on the law and on the facts, to the extent of eliminating the item of $1,500 for legal expenses, and, as so modified, affirmed, with $50 costs to defendants-appellants. We regard the legal expenses to have been incurred in connection with the instant litigation and hence not recoverable. (Boyle v. Allstate Ins. Co., 1 N Y 2d 439; David Accoustical Corp. v. Hanover Ins. Co., 22 A D 2d 843.) Appellants contend the gross damages should have been discounted in order to *836determine…