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SOUTH TOWER RESIDENTIAL BD. OF MANAGERS OF TIME WARNER CTR. CONDOMINIUM v. ANN HOLDINGS, LLC

2523, 156148/12.

145 A.D.3d 584 (2016)

2016 NY Slip Op 08594

42 N.Y.S.3d 795

THE SOUTH TOWER RESIDENTIAL BOARD OF MANAGERS OF TIME WARNER CENTER CONDOMINIUM, Respondent, v. THE ANN HOLDINGS, LLC, Formerly Known as THE ANN LLC, Appellant.

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

Decided December 22, 2016.

Defendant's argument that plaintiff is not entitled to attorneys' fees should have been raised in its prior appeal, which resulted in this Court's affirmance of a judgment in favor of plaintiff (127 A.D.3d 485 [1st Dept 2015], lv dismissed 25 N.Y.3d 1196 [2015]). Thus, the issue will not be considered on this appeal (see Katz v City of New York, 231 A.D.2d 448

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