GENGER v. TPR INV. ASSOCS. INC.

11328.

182 A.D.3d 417 (2020)

119 N.Y.S.3d 858

2020 NY Slip Op 02165

Arie Genger, Respondent, et. al., Plaintiff, v. TPR Investment Associates, Inc., Appellant, et al., Defendants.

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

Decided April 2, 2020.


Supreme Court correctly found that attorneys' fees that defendant incurred in a related Delaware proceeding and a prior appeal to this Court were sufficiently inseparable from the issues on vacatur of the preliminary injunction as to be properly recoverable here (see Republic of Croatia v Trustee of Marquess of Northampton 1987 Settlement, 232 A.D.2d 216 [1st Dept 1996]).

However, the court erred in ordering a "proration...

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