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READE v. 405 LEXINGTON, L.L.C.

19 A.D.3d 179 (2005)

798 N.Y.S.2d 393

DUANE READE, Appellant, v. 405 LEXINGTON, L.L.C., Respondent, et al., Defendants.

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

June 9, 2005.

Defendant landlord 405 Lexington prevailed at a trial that determined plaintiff tenant failed to comply with two almost identical commercial leases. In ascertaining which of the litigants was the prevailing party, for purposes of award of counsel fees, the court must consider "the true scope of the dispute litigated, followed by a comparison of what was achieved within that scope" (Excelsior 57th Corp. v Winters, ...

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