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CELL TOWER LEASE ACQUISITION, LLC, v. REGO PARK N.H. LTD.

2146N, 158323/13.

144 A.D.3d 453 (2016)

2016 NY Slip Op 07279

39 N.Y.S.3d 795

CELL TOWER LEASE ACQUISITION, LLC, Respondent, v. REGO PARK N.H. LTD., Also Known as REGO PARK NURSING HOME, LTD., et al., Appellants.

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

Decided November 3, 2016.

Defendants failed to establish their entitlement to attorneys' fees on the ground that plaintiff acted without justification in resisting arbitration and seeking injunctive relief pending arbitration (see Amaprop Ltd. v Indiabulls Fin. Servs. Ltd., 2011 WL 1002439, *3, 2011 US Dist LEXIS 27035, *8-9 [SD NY, Mar. 16, 2011, No. 10 Civ 1853(PGG)], affd 483 Fed Appx 634 [2d Cir 2012]; Sands Bros. & Co., Ltd. v Al Nasser, 2004 WL 26550, *3, 2003 US Dist...

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