O'Hara Gallery, Inc. v. Nader

DAUKSCH, Senior Judge.

This is an appeal from an order denying attorney’s fees sought by the plaintiff against the defendant because no viable defense to the action was raised. Because defendant drew out this matter before finally conceding that there was no viable defense, we reverse.

On March 20, 2002, plaintiff filed a complaint against defendant, claiming $55,000 as the balance owed for two art pieces. On April 9, 2002, defendant answered the complaint, denying any liability and asserting the affirmative defense of recision. On May 3, 2002, plaintiff filed an amended complaint. On July 11,…