Rivertower Associates v. Chalfen

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on March 6, 1990, which denied defendant’s application pursuant to CPLR 5012 for severance of a request for attorney’s fees pursuant to Real Property Law § 234, and denied that request, unanimously affirmed, with costs.

Plaintiffs and defendant negotiated a lease which, by its terms, was not to take effect until executed by the plaintiffs and delivered to the defendant. The lease was executed and delivered, but not before defendant had delivered to plaintiffs a letter refusing to enter into the lease.

The plaintiffs sued…