ROUND DUNE, INC. v. FILKOWSKI

2018-01069. Index No. 34490/12.

197 A.D.3d 748 (2021)

153 N.Y.S.3d 166

2021 NY Slip Op 04771

Round Dune, Inc., Respondent-Appellant, v. Edward Filkowski, Defendant, and James S. Knee et al., Appellants-Respondents.

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

Decided August 25, 2021.


Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York, NY ( Thomas A. Kissane , Elizabeth Wolstein , and Seth D. Allen of counsel), for appellants-respondents.

Cohen, Warren, Meyer & Gitter, P.C., Smithtown, NY ( Evan Gitter and Lisa Albert of counsel), for respondent-appellant.

LaSalle, P.J., Chambers, Austin and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, that branch of the cross motion of the defendants James S. Knee and Irina Mernik-Kraus which was for an award of attorney's fees pursuant to Real Property Law § 234 is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the amount of attorney's fees to which the defendants James S. Knee and Irina Mernik-Kraus are entitled; and it is further,

Ordered...

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