Legal Opinion
Kralik v. 239 East 79th Street Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2012PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Dia*570mond, J.), entered December 17, 2011, which denied plaintiffs’ motion for an award of attorneys’ fees, unanimously affirmed, without costs.
The motion court did not abuse its discretion in denying the prevailing plaintiffs attorneys’ fees pursuant to Real Property Law § 234 because the cooperative’s position was justified by the state of the law when the action was commenced (see Wells v East 10th St. Assoc., 205 AD2d 431 [1994], lv denied 84 NY2d 813 [1995]). Contrary to plaintiffs’ contention, courts have discretion to deny such fees based…
2Cases cited3 opinions
- Jacreg Realty Corp. v. BarnesAppellate Division of the Supreme Court of the State of New York · 2001
- Wells v. East 10th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Solow Management Corp. v. LoweAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- Matter of 251 CPW Hous. LLC v. PastreichAppellate Division of the Supreme Court of the State of New York · 2015
- 333 East 49th Partners, L.P. v. FlammAppellate Division of the Supreme Court of the State of New York · 2013
- 333 East 49th Partners, L.P. v. FlammAppellate Division of the Supreme Court of the State of New York · 2013
- 433 Sutton Corp. v. BroderAppellate Division of the Supreme Court of the State of New York · 2013
- 433 Sutton Corp. v. BroderAppellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.