Legal Opinion

East Egg Associates v. Diraffaele

Civil Court of the City of New York

Decided July 16, 1993PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Paula J. Omansky, J.

Respondent moves for summary judgment dismissing this *365nonprimary residence holdover petition and granting her counterclaim for reasonable attorney’s fees. The petitioner does not oppose dismissal of the underlying petition, acknowledging that after commencing the proceeding and taking respondent’s deposition, it offered respondent a renewal lease. The issue on this motion is the respondent’s entitlement to attorney’s fees, not because there is any challenge to her status as a prevailing party (see, Nestor v McDowell, 81 NY2d 410), but on the ground that…

2Cases cited7 opinions

  1. Reed v. . McCordNew York Court of Appeals · 1899
  2. Nestor v. McDowellNew York Court of Appeals · 1993
  3. Cier Industries Co. v. HessenAppellate Division of the Supreme Court of the State of New York · 1988
  4. Dependable Lists, Inc. v. MalekAppellate Division of the Supreme Court of the State of New York · 1983
  5. Scolite International Corp. v. Vincent J. Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1979

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3Cited by4 opinions

  1. B.N. Realty Associates v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 2012
  2. B.N. Realty Associates v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 2012
  3. Partnership 92 West, L.P. v. WoodsAppellate Terms of the Supreme Court of New York · 2000
  4. Roxborough Apartments Corp. v. KalishAppellate Terms of the Supreme Court of New York · 2010

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