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THE BOARD OF MANAGERS OF THE AMHERST CONDOMINIUM v. CC MING (USA) LTD. PARTNERSHIP

308 A.D.2d 380 (2003)

764 N.Y.S.2d 271

THE BOARD OF MANAGERS OF THE AMHERST CONDOMINIUM, Respondent, v. CC MING (USA) LTD. PARTNERSHIP, Appellant, et al., Defendants.

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

Decided September 18, 2003.

While it is generally impermissible to seek litigation fees related to the prosecution of an action in a separate action without an order severing the claim (see e.g. 930 Fifth Corp. v King, 42 N.Y.2d 886, 887 [1977]; 815 Park Ave. Owners v Metzger, 250 A.D.2d 471 [1998]), here the doctrine against "splitting" a cause of action is not properly invoked to prevent plaintiff condominium from...

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