Opinion
January 18, 1996
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
Following the Court of Appeals' determination in Seawall Assocs. v City of New York ( 74 N.Y.2d 92, cert denied 493 U.S. 976), which found Local Laws, 1986, No. 22 of the City of New York and subsequent legislation continuing the moratorium on alterations or conversions of single-room occupancy dwellings unconstitutional, a trial was held on plaintiff developer's claim pursuant to 42 U.S.C. § 1983. Plaintiff sought damages as a result of defendant's "taking" of its single-room occupancy building, which it had planned to convert into a luxury condominium before the moratorium went into effect. Under either tort or condemnation standards, the court's award of lost profits to plaintiff was not against the weight of the evidence since plaintiff's experts provided the fact finder with a sound basis for approximating with reasonable certainty the profits lost as a result of defendant's action ( see, Scott v Greenville County, 716 F.2d 1409, 1424; S K Sales Co. v Nike Inc., 816 F.2d 843, 852).
Concur — Murphy, P.J., Sullivan, Kupferman, Ross and Williams, JJ.