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BRAITHWAITE v. 409 EDGECOMBE AVENUE HDFC

294 A.D.2d 233 (2002)

742 N.Y.S.2d 280

FRANCIS BRAITHWAITE et al., Plaintiffs, v. 409 EDGECOMBE AVENUE HDFC, as Successor-in-Interest to 409 EDGECOMBE AVENUE T.A., INC., Defendant and Third-Party Plaintiff-Respondent. RICHARD T. ROBERTS, as Commissioner of the New York City Department of Housing Preservation and Development, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided May 23, 2002.

Plaintiffs seek to recover from HDFC the attorneys' fees they incurred in a prior proceeding they brought against HDFC's alleged predecessor in interest, a tenants association organized under Private Housing Finance Law article 11. That prior proceeding successfully challenged a recall election that resulted in the ouster of two of the plaintiffs as tenants association board members and the tenants association's repudiation of its management contract with the third plaintiff...

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