1050 TENANTS CORP. v. LAPIDUS

108653/05, 12812N, 109702/01, 12811.

118 A.D.3d 560 (2014)

987 N.Y.S.2d 159

2014 NY Slip Op 4450

1050 TENANTS CORP., Appellant, v. STEVEN R. LAPIDUS et al., Respondents. ARTHUR M. HANDLER, Plaintiff, v. STEVEN R. LAPIDUS et al., Respondents, and 1050 TENANTS CORP., Appellant.

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

Decided June 17, 2014.


The cooperative's applications for additional attorneys' fees are not precluded by res judicata, collateral estoppel or law of the case because such later-incurred fees were not and could not have been sought in the orders and judgments awarding attorneys' fees, and the cooperative's right to such fees had not been necessarily decided (see Matter of Hunter, 4 N.Y.3d 260, 269 [2005]; Jumax Assoc. v 350 Cabrini Owners Corp.,

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