MATTER OF MARINA BAY CLUB, INC. v. CANNIZZARO


105 A.D.2d 1114 (1984)

In the Matter of Marina Bay Club, Inc., Appellant, v. Louis S. Cannizzaro, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 7, 1984


Judgment unanimously modified and, as modified, affirmed, without costs, and matter remitted to Erie County Court for further proceedings, in accordance with the following memorandum: On respondent's counterclaim for wrongful eviction, the court awarded damages in the sum of $45,640. Included in this sum was the amount of $35,000 for the value of the respondent's leasehold interest and his business. The court based this $35,000 figure upon an "arm's length" contract respondent...

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