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PIER 59 STUDIOS v. CHELSEA PIERS

27 A.D.3d 217 (2006)

811 N.Y.S.2d 24

PIER 59 STUDIOS L.P., Respondent-Appellant, v. CHELSEA PIERS L.P., Appellant-Respondent.

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

March 2, 2006.

Preliminarily, plaintiff's failure to furnish this Court with a copy of its amended complaint prevents consideration of its argument that such pleading moots the appeal (see American Express Travel Related Servs. Co. v North Atl. Resources, 261 A.D.2d 310 [1999]).

Plaintiff may not maintain a separate cause of action for attorneys' fees, which are only recoverable as an element of contract damages if a breach of the sublease...

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