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DERMOT COMPANY, INC. v. 200 HAVEN COMPANY

2743, 105566/05, 2744, 601098/06

73 A.D.3d 653 (2010)

901 N.Y.S.2d 268

THE DERMOT COMPANY, INC., Appellant-Respondent, v. 200 HAVEN COMPANY et al., Respondents-Appellants. THE DERMOT COMPANY, INC., Appellant-Respondent, v. 200 HAVEN COMPANY, Respondent-Appellant.

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

Decided May 27, 2010.

The court did not abuse its discretion in directing plaintiff to pay defendants' attorney's fees (see CPLR 6514 [c]). While there was no showing that plaintiff had improperly or maliciously filed the notice of pendency or prosecuted the action in bad faith, the court properly held that plaintiff was nonetheless liable for costs based on its continuation of the notice of pendency (see Chain Locations of Am. v T.I.M.E.-DC, Inc., 99 A.D.2d...

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