Amalgamated Dwellings, Inc. v. Blutreich

The cooperative waived any right it might have had to recover the attorneys’ fees it seeks herein when it settled its prior CPLR 5206 proceeding without any reference to the language contained in the order to show cause that initiated that proceeding requesting, inter alia, that the two judgments it had obtained against defendants, “and the costs, disbursements and attorneys’ fees of this proceeding,” be adjudged and enforced as liens on the shares allocated to defendants’ apartment (see J.D. Realty Assoc. v Shanley, 288 AD2d 27 [2001]; 512 E. 11th St. HDFC v Als, 10 Misc 3d 142[A], 2006 NY…