South Tower Residential Board of Managers of Time Warner Center Condominium v. Ann Holdings, LLC

Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about October 30, 2015, which denied defendant’s motion for summary judgment dismissing plaintiff’s request for attorneys’ fees, unanimously affirmed, with costs.

Defendant’s argument that plaintiff is not entitled to attorneys’ fees should have been raised in its prior appeal, which resulted in this Court’s affirmance of a judgment in favor of plaintiff (127 AD3d 485 [1st Dept 2015], lv dismissed 25 NY3d 1196 [2015]). Thus, the issue will not be considered on this appeal (see Katz v City of New York, 231 AD2d 448 [1st…