Burnstein v. 5838 Condominium, Inc.

Where a condominium association obtained a preliminary injunction against a tenant for noise abatement during the pendency of the main claims — a complaint for eviction and counterclaim for breach of lease agreement — the condominium association was not a prevailing party for the purpose of attorney’s fees because the preliminary injunction was entered as an interlocutory order, and the case remained to be determined on the merits. There can be no prevailing party for the purpose of awarding attorney’s fees until there is an end to the litigation as by judgment or other dis-positive order.…