Legal Opinion · Dissent
Rose v. Montt Assets, Inc.
Appellate Terms of the Supreme Court of New York
Decided November 21, 2000Published
1Dissent
McCooe, J. P.
(dissenting). I respectfully dissent and would reverse the order and grant attorneys’ fees to the defendant as the prevailing party. The majority denied attorneys’ fees to the defendant as the prevailing party in reliance on Wells v East 10th St. Assocs. (205 AD2d 431 [1st Dept 1994]) where the Appellate Division reversed the Appellate Term based upon a change in the law and denied attorneys’ fees. The law had changed after a final judgment in the Civil Court and an affirmance by the Appellate Term. The Appellate Division held that it would be “manifestly unfair” to grant…
2Cases cited12 opinions
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- People v. JamesNew York Court of Appeals · 1986
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1985
- Zafra v. PilkesAppellate Division of the Supreme Court of the State of New York · 1997
- 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998
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