Peters v. Veemac Elevator Co.

Order, Supreme Court, Bronx County (Anita Florio, J.), entered January 8, 1992, which, insofar as appealed from, granted second third-party defendant-respondent’s cross motion for summary judgment dismissing the second third-party complaint, and imposed costs and attorneys’ fees as against second third-party plaintiff-appellant pursuant to 22 NYCRR 130-1.1, unanimously modified, on the law, the facts and in the exercise of discretion, to strike the award of attorneys’ fees, and otherwise affirmed, without costs.

Third-party defendant Lady Lynne Lingerie is the tenant of the entire ninth floor…