Cromwell v. Le Sannom Building Corp.

Full title: KATHLEEN CROMWELL et al., Respondents, v. LE SANNOM BUILDING CORP.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 19, 1995

222 A.D.2d 307 (N.Y. App. Div. 1995)

636 N.Y.S.2d 257

Opinion

December 19, 1995

Appeal from the Supreme Court, New York County (Helen Freedman, J.).

Contrary to defendant's contention, law of the case does not mandate the back use and occupancy payments it seeks. The deterioration of the building is a new development since the prior order directing plaintiffs to pay monthly use and occupancy into escrow ( see, Solow v Wellner, 186 A.D.2d 21; Holloway v Cha Cha Laundry, 97 A.D.2d 385, 386). The consequences of this change cannot be precisely assessed before trial but may entitle plaintiffs to a significant setoff against their liability for past use and occupancy.

Concur — Murphy, P.J., Rosenberger, Ross, Nardelli and Mazzarelli, JJ.