P.A. Bldg. Co. v City of New York

P.A. Bldg. Co. v City of New York 2007 NY Slip Op 00455 [36 AD3d 539] January 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

P.A. Building Company, Respondent,
v
City of New York, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant. Victor & Bernstein, P.C., New York (Donald M. Bernstein of counsel), for respondent.

Judgment, Supreme Court, New York County (Faviola A. Soto, J.), entered February 16, 2005, after a nonjury trial, awarding plaintiff damages in the total amount of $1,312,960.26, unanimously affirmed, without costs.

The issue of whether, under the governing leases, costs of asbestos removal at the demised premises may be passed by plaintiff landlord to defendant tenant, has been determined by this Court on a prior appeal (305 AD2d 244 [2003]), and we see no reason to revisit the issue, much less revise our determination. Defendant's remaining argument respecting the trial court's calculation of interest was waived. Concur—Saxe, J.P., Marlow, Nardelli, Sweeny and Catterson, JJ.