GENSON v. SIXTY SUTTON CORP.

571049/10.

2011 NY Slip Op 50431(U)

JILL GENSON, INDIVIDUALLY AND ON BEHALF OF HER INFANT SON, RANDY GENSON, Plaintiff-Appellant, v. SIXTY SUTTON CORP., Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

Decided March 24, 2011.


PER CURIAM.

We agree that defendant-landlord's second counterclaim, insofar as it seeks attorneys' fees, is not ripe for summary dismissal. Depending on the substantive resolution of the parties' competing claims and whether landlord ultimately achieves prevailing party status, the substantial rent and/or maintenance arrearages attributed to plaintiff-tenant in the second counterclaim may serve to trigger the landlord's entitlement to attorneys' fees under paragraph...

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