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CITIDRESS v. 207 SECOND AVENUE REALTY CORP.

59 A.D.3d 209 (2009)

___ N.Y.S.2d ___

CITIDRESS II, Also Known as CITIDRESS II CORP., as Assignee of EASTBANK, N.A., Formerly Known as FIRST EASTERN BANK, N.A., Appellant-Respondent, v. 207 SECOND AVENUE REALTY CORP. et al., Defendants. HINSHAW & CULBERTSON LLP, Nonparty Respondent-Appellant; BLEAKLEY PLATT & SCHMIDT, LLP, Nonparty Respondent. (And Another Action.)

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

Decided February 10, 2009.

The special referee's determination of the legal fees owed to plaintiff mortgagee Citidress II by defendant mortgagor 207 Second Avenue Realty Corp. in connection with the foreclosure sale of the mortgaged premises, which determination was expressly based on the terms of the mortgage agreement, did not have a preclusive effect on the claims for unpaid legal fees asserted against Citidress by its various counsel, pursuant to their...

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