HALL & CO v. ORIENT OVERSEAS


84 A.D.2d 338 (1982)

Frank B. Hall & Co. of New York, Inc., Appellant, v. Orient Overseas Associates, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 19, 1982


Attorney(s) appearing for the Case

Michael F. Fitzgerald of counsel (Dennis J. Crossley with him on the brief; Kissam, Halpin & Genovese, attorneys), for appellant.

Eugene J. Morris of counsel (Kenneth M. Block and Kathryn L. Bedke with him on the brief; Demov, Morris, Levin & Shein, attorneys), for respondent.

SULLIVAN, J. P., MARKEWICH, LUPIANO and SILVERMAN, JJ., concur.


ROSS, J.

The core issue presented by this appeal is whether the plaintiff lessee is required to pay attorneys' fees as "additional rent" when these expenses were incurred by the defendant landlord in litigation spanning more than five years. We are of the opinion that the lease provisions urged as the predicate for the claims of the landlord have no applicability to the facts before us.

The torturous history of the litigation between these parties...

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