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KRALIK v. 239 EAST 79TH STREET OWNERS CORP.

7183N, 107822/98.

93 A.D.3d 569 (2012)

940 N.Y.S.2d 488

2012 NY Slip Op 2176

GEORGE KRALIK et al., Appellants, v. 239 EAST 79TH STREET OWNERS CORP., Respondent.

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

Decided March 22, 2012.

The motion court did not abuse its discretion in denying the prevailing plaintiffs attorneys' fees pursuant to Real Property Law § 234 because the cooperative's position was justified by the state of the law when the action was commenced (see Wells v East 10th St. Assoc., 205 A.D.2d 431 [1994], lv denied 84 N.Y.2d 813 [1995]). Contrary to plaintiffs' contention, courts have discretion to deny such fees based on equitable...

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