QUIK PARK W. 57 LLC v. BRIDGEWATER OPERATING CORP.

651524/13. Appeal Nos. 12567, 12567A. Case No. 2019-03434.

189 A.D.3d 488 (2020)

137 N.Y.S.3d 338

2020 NY Slip Op 07323

Quik Park West 57 LLC et al., Respondents-Appellants, v. Bridgewater Operating Corporation, Appellant-Respondent.

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

Decided December 8, 2020.


Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Warren A. Estis of counsel), for appellant-respondent.

Feuerstein Kulick LLP, New York ( David Feuerstein of counsel), for respondents-appellants.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.


The trial court properly awarded attorneys' fees to plaintiffs pursuant to the parties' management agreement (see Duane Reade v 405 Lexington, L.L.C., 19 A.D.3d 179 [1st Dept 2005]). The gravamen of the original complaint was that defendant had improperly terminated the management agreement without providing plaintiffs with sufficient notice and an opportunity to cure. On pretrial motions, Supreme Court repeatedly found that plaintiffs...

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