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25 EAST 83 CORP. v. 83RD ST. ASSOCS.

213 A.D.2d 269 (1995)

624 N.Y.S.2d 125

25 East 83 Corp., Appellant-Respondent, v. 83rd Street Associates, Respondent-Appellant, et al., Defendants

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

March 21, 1995

It is settled that only a prevailing party is ordinarily entitled to attorney's fees and that to be considered a prevailing party, there must be success with respect to the central relief sought (Nestor v McDowell, 81 N.Y.2d 410, 415-416). Applying that standard, the Supreme Court properly concluded that plaintiff was not the prevailing party since all of its substantive claims, including the first cause of action for unpaid maintenance...

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