25 East 83 Corp. v. 83rd Street Associates

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered December 3, 1993, which denied plaintiff’s application for attorney’s fees and denied defendant’s request for attorney’s fees and sanctions, unanimously modified, on the law, the facts and in the exercise of discretion, to find the defendant the prevailing party, and remanded for a hearing on defendant’s attorney’s fees, without costs.

It is settled that only a prevailing party is ordinarily entitled to attorney’s fees and that to be considered a prevailing party, there must be success with respect to the central relief sought…