CHAINANI, RAMESH L. v. LUCCHINO, RONALD A.

I respectfully disagree with the conclusion of my colleagues that plaintiffs were not the “prevailing parties” within the meaning of the agreement granting plaintiffs two easements (2000 agreement), and I therefore dissent.

The 2000 agreement provides that, if either the grantee or the grantor “shall seek enforcement of the rights conferred pursuant to this [agreement], then the prevailing party shall be entitled to reimbursement and indemnification for all reasonable attorneys’ fees, costs and disbursements expended as a result thereof.” There is no dispute that the central focus of…