| Community Counseling & Mediation Servs. v Chera |
| 2018 NY Slip Op 08101 [166 AD3d 554] |
| November 27, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Community Counseling & Mediation Services,
Appellant, v Richard Chera et al., Defendants, and Long Island University, Respondent. |
Loanzon LLP, New York (Tristan C. Loanzon of counsel), for appellant.
Goldberg Weg & Markus PLLC, New York (Steven A. Weg of counsel), for respondent.
Judgment, Supreme Court, New York County (Debra A. James, J.), entered May 11, 2017, dismissing the complaint as against defendant Long Island University, unanimously affirmed.
Plaintiff has recovered compensatory damages associated with the installation of wastewater pipes in its leasehold against defendant Next Generation Chera, LLC. It has not demonstrated that the compensatory damages it seeks against defendant Long Island University would be permitted under the rule against double recovery (see Derby v Prewitt, 12 NY2d 100, 107 [1962]). Concur—Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ.