DDG WARREN LLC, Petitioner-res-ap, v. ASSOULINE RITZ 1, LLC Respondents-Appellants-res, BOARD OF MANAGERS OF TRIBECA TOWNHOMES AT 16 WARREN ST. CONDOMINIUM, res-res, MEI LIM res

273. DDG WARREN LLC, Petitioner-res-ap, v. ASSOULINE RITZ 1, LLC Respondents-Appellants-res, BOARD OF MANAGERS OF TRIBECA TOWNHOMES AT 16 WARREN ST. CONDOMINIUM, res-res, MEI LIM res — D’Agostino, Levine, Landesman & Lederman LLP, New York (Bruce H. Lederman of counsel), for appellants-res — Goetz Fitzpatrick, LLP, New York (John B. Simoni, Jr. of counsel), for DDG Warren LLC, res-res — Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for res — Judgment, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about February 5, 2015, insofar as appealed from as limited by the briefs, denying, without prejudice, respondents Assouline Ritz 1, LLC, Lichten Ritz 2, LLC, and 16 Warren St. PH, LLC’s request for a fee for the license granted to petitioner pursuant to RPAPL 881, directing petitioner to post a $750,000 bond, and awarding attorneys’ fees to all respondents without a time limit, unanimously modified, on the law and the facts and in the exercise of discretion, to grant respondents’ application for a contemporaneous monthly license fee, and to remand the matter to Supreme Court for determination of the appropriate amount of that fee, and, if appropriate, to recalculate the amount of the bond, and otherwise affirmed.

Initially, contrary to petitioner’s claim, respondents’ appeal is not moot, even though Assouline and Lichten sold the penthouse unit at 16 Warren Street to 16 Warren St. PH before the court granted the license. Respondents confirm that any license fee granted will be awarded to 16 Warren Street PH.