Maliner-Colvin v. 85-10 34th Avenue Apartment Corp.

—In an action, inter alia, for a judgment declaring that the plaintiff is a holder of unsold shares in the defendant’s cooperative apartment housing corporation, the defendant appeals from an order of the Supreme Court, Queens County (Satterfield, J.), which, upon reargument, granted the plaintiffs motion for summary judgment dismissing its second counterclaim for an award of an attorney’s fee.

Ordered that the order is affirmed, with costs.

Generally, a party must pay his or her own attorney’s fee unless an award is authorized by an agreement between the parties, or by statute or court rule…