433 Sutton Corp. v. Broder, 22 N.Y.3d 1161

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.

Case Details

Case Name: 433 Sutton Corp. v. Broder

Court Name: New York Court of Appeals

Date Published: Apr 1, 2014

Citations: 22 N.Y.3d 1161; 7 N.E.3d 1124

Court Abbreviation: N.Y.