Legal Opinion

AmericaConsultants v. Cedar Income Fund Partnership L.P.

Appellate Division of the Supreme Court of the State of New York

Decided July 20, 2006Published

1Opinion of the Court

14] Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered March 4, 2005, after a nonjury trial, awarding plaintiff the principal sum of $329,800 on its first cause of action, and judgment, same court and Justice, entered June 24, 2005, awarding plaintiff the principal sum of $83,881.69 in attorneys’ fees, unanimously affirmed, without costs.

The conclusion that there was a fee agreement breached by defendants is supported by the evidence. To the extent that the modified contract transmitted to plaintiff by defendants’ *307principal represented a counteroffer, the parties’ conduct…

2Cases cited6 opinions

  1. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  2. Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
  3. Breed, Abbott & Morgan v. HulkoNew York Court of Appeals · 1989
  4. Bon Temps Agency Ltd. v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 1992
  5. Lorbrook Corp. v. G & T Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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