Christopher Measom filed a lawsuit against his coop -- Greenwich & Perry Street Housing Corporation -- alleging breach of his proprietary lease.
In a prior appeal, the Appellate Division, First Department, had determined that Measom's cellar apartment was not legally habitable for residential purposes and that he was entitled to damages.
On remand, the Supreme Court transferred the case to the New York County Civil Court, which awarded Measom $77,000, together with interest thereon from January 8, 1988, and, $128,264 in attorney's fees as damages for the coop's breach of the lease.
On appeal, Appellate Term, First Department, modified the judgment by advancing the date from which interest would be measured from January 8, 1988 (when the apartment was purchased) to October 1, 1990, to comport with a governing four-year statute of limitations .
On review, the AD1 held that any objections as to the case's timing had been "abandoned" by the coop, and that the AT had erred in setting the commencement of interest on any date other than when the initial breach had occurred.
Time for us to wave.
For a copy of the Appellate Division's decision, please use this link: Measom v. Greenwich & Perry St. Hous. Corp.