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BERMAN v. DOMINION MANAGEMENT COMPANY

50 A.D.3d 605 (2008)

859 N.Y.S.2d 407

PATRICIA BERMAN et al., Appellants-Respondents, v. DOMINION MANAGEMENT COMPANY et al., Respondents, and BOARD OF MANAGERS OF 500 WEST END AVENUE CONDOMINIUM, Respondent-Appellant.

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

Decided April 29, 2008.

In view of the mixed results of this litigation, in which plaintiffs stipulated to resolve certain remediation claims, but also stipulated to discontinue their personal injury claims, and abandoned their claims based on breach of the lease, plaintiffs cannot be considered the prevailing party in this litigation (see Real Property Law § 234; Mosesson v 288/98 W. End Tenants Corp., 294 A.D.2d 283 [2002]).

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