MORRELL & CO., THE WINE EMPORIUM LTD. v. RICHALAN REALTY CORP.


106 A.D.2d 270 (1984)

Morrell & Company, the Wine Emporium Ltd., Appellant, v. Richalan Realty Corp., Respondent Richalan Realty Corp., Respondent, v. Morrell & Company, the Wine Emporium Ltd., Appellant

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

December 11, 1984


In these consolidated actions, fundamentally turning on whether or not Morrell & Company's (Morrell) right of first refusal under a lease had been triggered by certain events, no application for recovery of attorney's fees had been made by the successful party, Richalan Realty Corp. (Richalan), in its pleadings or in its ultimately successful motion for summary judgment. That claim appears to have been made for the first time in

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