WAVERTREE CORP. v. 136 WAVERLY ASSOCIATES


258 A.D.2d 392 (1999)

685 N.Y.S.2d 693

WAVERTREE CORP., Respondent, v. 136 WAVERLY ASSOCIATES, Appellant.

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

Decided February 23, 1999.


In light of defendant's history of refusing to remit to plaintiff real estate taxes due under the parties' lease agreement, the motion court's declaration requiring defendant's payment of the disputed obligation in the future was appropriate (see, Sherry v New York State Educ. Dept., 479 F.Supp. 1328, 1335). We modify only to the extent of limiting plaintiff's recovery of attorneys' fees to those incurred in its prosecution of...

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