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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46724 Judge Billings PETITIONER’S BUILDING, which had a temporary certificate of occupancy (CO), was leased to respondent, which intended to develop and sublease the premises as medical offices. The lease obliged petitioner to obtain a permanent CO. Temporary COs lapsed in 1997; a permanent CO was not issued until July 2001. Respondent incurred significant building renovation costs prior to a 1996 community open house. Due to the delay in obtaining a permanent CO, respondent was unable to sublet medical offices. In the landlord’s action for rent, the court awarded respondent more than $2.3 million offset by $341,299 in rent due. Citing Goodstein Constr. Corp. v. City of New York, the court found that respondent’s economic damages, attributable to petitioner’s breach of its obligation to seek approval of an application for a permanent CO, included lost profits, which are benefits that would have accrued had petitioner performed its contractual obligation.

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