F.N.S. Atlantic Co. v. City of New York

Order, Supreme Court, New York County (Salvador Collazo, J.), entered May 24, 1993, denying plaintiff’s motion for partial summary judgment on the first cause of action for the fair rental value or use and occupancy of premises located at 2550 Atlantic Avenue, Brooklyn, unanimously reversed, on the law, without costs or disbursements, to the extent of granting plaintiff partial summary judgment with respect to the City’s liability for use and occupancy and remanding the matter for an immediate trial on the issue of damages and to the further extent of dismissing the balance of the first cause…