Except for potential commercial rents lost, the damages awarded herein were not caused by defendant's unreasonable refusal to consent to alterations. The costs incurred by plaintiffs in buying out residential tenants, in anticipation of converting the certificate of occupancy to commercial use, were of plaintiffs' own choosing and would have been incurred even if consent to the alterations had been properly given. The Civil Court litigation, for which a counsel fee was awarded...
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