Kessel Brent Corp. v. Benderson Property Development, Inc.

Memorandum: Supreme Court properly granted defendant’s motion seeking an award of attorneys’ fees and costs incurred in the defense of plaintiffs’ prior appeals in this action for breach of the parties’ purchase and sale agreement (agreement). The agreement provided that, in an action to interpret or enforce its terms, “the prevailing party shall be entitled to be awarded its reasonable attorneys’ fees through all appeals in addition to other costs and disbursements allowed by law, including those incurred on appeal.” Defendant was the prevailing party in the prior appeals and is thus…