Opinion
No. 123 SSM 4
04-01-2014
433 Sutton Corp., Appellant, v. Robert Broder, Respondent.
Submitted by Robert I. Cantor, for appellant. Submitted by Jeffrey M. Steinitz, for respondent.
Submitted by Robert I. Cantor, for appellant.
Submitted by Jeffrey M. Steinitz, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.