Randall-Smith, Inc., Respondent, v. 43rd St. Estates Corp. et al., Appellants, et al., Defendant, 17 N.Y.2d 99

Summary

The lessor was forcibly ejected from a portion of the leasehold without justification and over strenuous objection. The trial court awarded treble damages. The lessor challenged the computation upon the ground that an erroneous rule of law was applied and contended that the final award, insofar as it covered damages for an eight-year appropriation, had to be reduced to an amount equal to its present worth. The court reversed and remitted for further proceedings. Instead of allowing the lessee treble damages only for the difference between rent received under the lease and rental value, treble damages were allowed for the full rental value, and, instead of allowing the lessor a reduction of the judgment upon stipulating to a reduction in rent due under the lease, reduction based on rental value was allowed. The effect of the erroneous reduction provision allowed the lessor to obtain full rental value where, at best, it was only entitled to the $ 1.90 per square foot reserved. Due regard...