EMERY ROTH & SONS, v. NAT'L KINNEY CORP.


44 N.Y.2d 912 (1978)

Emery Roth & Sons, Appellant, v. National Kinney Corporation et al., Respondents, and Richard Roth, Sr., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 8, 1978.


Attorney(s) appearing for the Case

Jill C. Lesser, Michael A. Lacher and Joseph Heller for appellants.

Colleen McMahon and Robert L. Laufer for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be modified to the extent of providing that the third counterclaim be dismissed and, except as so modified, affirmed, with costs to appealing defendants. The question certified is answered in the negative.

In its third counterclaim, defendant seeks damages for counsel fees and other expenses incurred in connection with reobtaining possession of the demised premises...

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