Elkins v. Cinera Realty, Inc.

In an action, inter alia, pursuant to section 234 of the Real Property Law to recover attorney’s fees incurred in the successful defense of summary proceedings, plaintiff appeals from an order of the Supreme Court, Kings County, entered April 12, 1977, which, upon defendant’s motion, dismissed so much of the complaint as sought a declaratory judgment and referred the request for attorney’s fees to the Housing Part of the Civil Court of the City of New York, for disposition. Order affirmed, without costs or disbursements. Special Term properly dismissed so much of the complaint as sought a…