433 Sutton Corp. v Broder

New York Court of Appeals

Apr 1, 2014

123 SSM 4

Versions:

433 Sutton Corp. v Broder, 107 AD3d 623, reversed.

APPEARANCES OF COUNSEL

Cantor, Epstein & Mazzola, LLP, New York City (Robert I. Cantor and Brett L. Carrick of counsel), for appellant.

Rappaport Hertz Cherson & Rosenthal, P.C., Forest Hills (Jeffrey M. Steinitz of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, order of Supreme Court, New York County, reinstated, and certified question answered in the negative. The Appellate Division erred in determining that defendant was the prevailing party. Accordingly, defendant is not entitled to attorneys’ fees.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.