On April 13, 2017, the Appellate Division, First Department affirmed the August 2016 decision of the New York County Supreme Court in which TKD secured a major victory in a building licensing fees case on behalf of our client, 152 W. 58th Owners Corp., where our client was awarded license fees for access by the petitioner, as well as reimbursement of our client’s engineering and legal fees and a per diem penalty of $500 if the work was not completed during the court-ordered license term.
In its recent decision, the court only modified the per diem penalty holding that the respondent could move for a determination as to the proper penalty or increase or continuation of the license fee. The court expressly stated that the distinction between repair work and elective construction that petitioner tried to create in order to avoid making any payments to respondent, has no bearing on the loss of use of the respondent and, thus, no bearing on respondent’s right to a license fee or reimbursement of its expenses. 152 W. 58th Street Owners Corp. is a client of Real Estate partner Ed Farrell. Construction partner Laurie Stanziale handled the matter before the lower court, and Litigation partner Linda Roth wrote the respondent’s brief on appeal and argued before the Appellate Division.