KESSEL BRENT CORP. v. BENDERSON PROP. DEV., INC.

1481 CA 09-00357

68 A.D.3d 1709 (2009)

2009 NY Slip Op 9793

891 N.Y.S.2d 812

KESSEL BRENT CORPORATION et al., Appellants, v. BENDERSON PROPERTY DEVELOPMENT, INC., Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.


It is hereby ordered that the order and judgment so appealed from is unanimously affirmed with costs.

Memorandum: Supreme Court properly granted defendant's motion seeking an award of attorneys' fees and costs incurred in the defense of plaintiffs' prior appeals in this action for breach of the parties' purchase and sale agreement (agreement). The agreement provided that, in an action to interpret or enforce its terms, "the prevailing party shall be entitled to be...

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