Kozinn v. Braunstein

Appellate Division of the Supreme Court of New York

Kozinn v. Braunstein

108 A.D.2d 789, 485 N.Y.S.2d 969, 1985 N.Y. App. Div. LEXIS 43116

Appellate Division of the Supreme Court of the State of New York·Decided February 11, 1985·Published

Opinion

In an action for a declaratory judgment and money damages under a lease agreement, defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated March 13,1984, which (1) granted plaintiff’s motion to set down the matter for an assessment of damages sustained, and (2) denied defendant’s cross motion to direct plaintiff to accept defendant’s answer.

Order affirmed, without costs or disbursements.

[790]*790Special Term correctly recognized that since the rights of the parties had already been determined in a prior judgment, all that remained was a determination of the amount of damages sustained, if any.

We have considered defendant’s other contentions and find them to be without merit. Mollen, P. J., Titone, Thompson and Bracken, JJ., concur.

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In an action for a declaratory judgment and money damages under a lease agreement, defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated March 13,1984, which (1) granted plaintiff’s motion to set down the matter for an assessment of damages sustained, and (2) denied defendant’s cross motion to direct plaintiff to accept defendant’s answer.

Order affirmed, without costs or disbursements.

[790]*790Special Term correctly recognized that since the rights of the parties had already been determined in a prior judgment, all that remained was a determination of the amount of damages sustained, if any.

We have considered defendant’s other contentions and find them to be without merit. Mollen, P. J., Titone, Thompson and Bracken, JJ., concur.

Kozinn v. Braunstein, 108 A.D.2d 789, 485 N.Y.S.2d 969, 1985 N.Y. App. Div. LEXIS 43116 (N.Y. Ct. App. 1985).

Pincite

108 A.D.2d 789 (Kozinn v. Braunstein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.