Legal Opinion
Eastside Exhibition Corp. v. 210 East 86th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2014Published
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J), entered July 26, 2013, which denied defendant landlord’s motion for an award of attorneys’ fees in connection with the underlying action, unanimously affirmed, with costs.
The court providently exercised its discretion in denying defendant’s motion for attorneys’ fees, as neither party prevailed in the action (see 54 Greene St. Realty Corp. v Shook, 8 AD3d 168 [1st Dept 2004], lv denied 4 NY3d 704 [2005]; 1711 LLC v 231 W. 54th Corp., 7 AD3d 261 [1st Dept 2004]).
In 2002, plaintiff tenant commenced an action against the landlord…
2Cases cited4 opinions
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.New York Court of Appeals · 2012
- 54 Greene Street Realty Corp. v. ShookAppellate Division of the Supreme Court of the State of New York · 2004
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- 1711 LLC v. 231 West 54th Corp.Appellate Division of the Supreme Court of the State of New York · 2004