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DINICU v. GROFF STUDIOS CORP.

257 A.D.2d 218 (1999)

690 N.Y.S.2d 220

CAROLINA V. DINICU, Appellant-Respondent, v. GROFF STUDIOS CORP. et al., Respondents-Appellants.

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

May 18, 1999.

Attorney(s) appearing for the Case

Lynn Armentrout for appellant-respondent.

Steven E. Rosenfeld of counsel (Law Office of Steven E. Rosenfeld, P. C., attorneys), for respondents-appellants.

ROSENBERGER, J. P., RUBIN and SAXE, JJ., concur.

OPINION OF THE COURT

WALLACH, J.

After a nonjury trial where plaintiff produced conclusive evidence —and won a finding—of a substantial breach of her proprietary lease by defendant cooperative, she has come up empty as to any monetary recovery. While not always an anamoly, we reject such a result in this case, and remand the matter for a new trial limited to assessment of the damages incurred by her.

In 1979 plaintiff took a proprietary...

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