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Ormonde Equities, LLC v. Kershaw

Appellate Term of the Supreme Court of New York, First Department
Nov 21, 2008
2008 N.Y. Slip Op. 52342 (N.Y. App. Term 2008)

Opinion

570039/08.

Decided on November 21, 2008.

In consolidated appeals, landlord appeals and tenants cross appeal from 11 orders of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), each dated November 16, 2007, which denied the parties' respective motions for attorneys' fees in these nonpayment summary proceedings.

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.


Orders (Jean T. Schneider), each dated November 16, 2007, affirmed, with one bill of $10 costs.

We sustain the denial of landlord's application for attorney's fees, in view of the mixed outcome of these protracted nonpayment proceedings ( see Walentas v Johnes, 257 AD2d 352, 354, lv dismissed 93 NY2d 958). Tenants' cross appeals, not having been briefed, are deemed abandoned.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Ormonde Equities, LLC v. Kershaw

Appellate Term of the Supreme Court of New York, First Department
Nov 21, 2008
2008 N.Y. Slip Op. 52342 (N.Y. App. Term 2008)
Case details for

Ormonde Equities, LLC v. Kershaw

Case Details

Full title:ORMONDE EQUITIES, LLC, Petitioner-Landlord-Appellant, v. BRIAN KERSHAW, ET…

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

Date published: Nov 21, 2008

Citations

2008 N.Y. Slip Op. 52342 (N.Y. App. Term 2008)