Board of Managers v. Ainetchi

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered May 10, 2010, which, after a nonjury trial, dismissed defendants’ counterclaims against intervenor Kevin Maloney and awarded him attorneys’ fees, unanimously modified, on the *604law and the facts, to vacate the award of attorneys’ fees, and otherwise affirmed, without costs.

This appeal involves a dispute between the owners of two duplex penthouse condominiums located on the 13th and 14th floors of a Manhattan building concerning the intervener’s use of certain exterior space. Defendants Ainetchi and Krasnow are the owners of…