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25 East 83 Corp. v. 83rd Street Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1995
213 A.D.2d 269 (N.Y. App. Div. 1995)

Summary

In 25 E. 83 Corp. v. 83rd St. Assocs., 213 AD2d 269 (1st Dept. 1995), the plaintiff was held not to be the prevailing party where "all of its substantive claims," including its cause of action for unpaid maintenance, were dismissed (Id. at 269).

Summary of this case from Reade v. 405 Lexington, LLC

Opinion

March 21, 1995

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).


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 (Nestor v. McDowell, 81 N.Y.2d 410, 415-416). Applying that standard, the Supreme Court properly concluded that plaintiff was not the prevailing party since all of its substantive claims, including the first cause of action for unpaid maintenance, were dismissed. In fact, by successfully defending against plaintiff's lawsuit, defendant must be regarded as the prevailing party. We therefore remand for a hearing to determine the appropriate award of defendant's counsel fees, without costs.

Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.


Summaries of

25 East 83 Corp. v. 83rd Street Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1995
213 A.D.2d 269 (N.Y. App. Div. 1995)

In 25 E. 83 Corp. v. 83rd St. Assocs., 213 AD2d 269 (1st Dept. 1995), the plaintiff was held not to be the prevailing party where "all of its substantive claims," including its cause of action for unpaid maintenance, were dismissed (Id. at 269).

Summary of this case from Reade v. 405 Lexington, LLC
Case details for

25 East 83 Corp. v. 83rd Street Associates

Case Details

Full title:25 EAST 83 CORP., Appellant-Respondent, v. 83RD STREET ASSOCIATES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 21, 1995

Citations

213 A.D.2d 269 (N.Y. App. Div. 1995)
624 N.Y.S.2d 125

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