In this case, there is no statutory mandate limiting Associates' recovery. Fairness dictates that Associates receive the interest due under the terms of the lease. To rule otherwise would placeAssociates in an unenviable position. Though victorious in this litigation, it would nevertheless suffer a substantial monetary loss. In addition to not receiving rental monies to which it was entitled for almost two years, Associates would forfeit interest due under the terms of the lease.
Equity takes a dim view of such a result.
When Associates prevailed, it was entitled to interest as agreed to by the parties in their lease. Accordingly, the order of the Appellate Division should be reversed, with costs, the order of Supreme Court, New York County, reinstated and the certified question answered in the negative. Opinion by Judge Wesley. Judges Smith, Levine, Ciparick and Rosenblatt concur. Chief Judge Kaye and Judge Bellacosa took no part.