New York Court of Appeals
Randall-Smith, Inc. v. 43rd St. Estates Corp.
February 24, 196617 N.Y.2d 99
Summary
The Court reversed the Appellate Division's judgment and remanded for a new trial, holding that damages for a partial eviction are measured by the difference between the rental value and the rent reserved, that treble damages apply only to that difference, that the award must be reduced to present value, and that a $1,000 loss‑of‑profits award is permissible.