New York Court of Appeals, 2014

433 Sutton Corp. v. Broder

433 Sutton Corp. v. Broder
New York Court of Appeals · Decided April 1, 2014 · Abdus, Graffeo, Lippman, Pigott, Read, Rivera, Salaam, Smith
22 N.Y.3d 1161; 7 N.E.3d 1124

433 Sutton Corp. v. Broder

Opinion of the Court

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.

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