Aimco Chelsea Land, LLC v. Bassey

In an action, inter alia, to recover the proceeds of an escrow fund, the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated August 26, 2004, as denied those branches of their motion which were for entry of a judgment pursuant to CPLR 5016 to include an award of an attorney’s fee and prejudgment interest.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a prior appeal, this Court decided that the plaintiffs were entitled to have granted only that branch of their motion which was for summary judgment seeking release of…