Opinion
March 26, 1991
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
Plaintiff brought this action in 1984 seeking recognition as owner of a 25% interest in a limited partnership owning 2681 Broadway in Manhattan, which was then in the process of conversion to cooperative ownership. That conversion process was blocked by plaintiff's filing of a notice of pendency against the property, as the Attorney General refused to accept the plan for filing with the notice in effect. Defendants' CPLR 6515 motion to discharge the notice of pendency was granted on condition they post a $1 million undertaking, upon a finding that the cooperative conversion was in the financial interest of all the parties to this action. The $26,565.00 involved herein represents five years' premium on that undertaking. After a lengthy non-jury trial, the Court forcefully rejected plaintiff's claim of a partnership interest. In these circumstances, there was no abuse of discretion in awarding the premiums for the undertaking as a reasonable and necessary expense of the action pursuant to CPLR 8301 (a) (12) (Deere Co. v Cerone Equip. Co., 33 A.D.2d 257, affd 27 N.Y.2d 926). The appeal from the order of June 28, 1990 is deemed an appeal from the resettled final judgment, as the latter ministerially implemented the former (National Bank v Kory, 63 A.D.2d 579).
Concur — Murphy, P.J., Rosenberger, Wallach and Asch, JJ.