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FRANKEL v. 71ST STREET LEXINGTON CORP.

Index No. 105742/11. Appeal No. 1085. Case No. 2022-05274.

221 A.D.3d 528 (2023)

198 N.Y.S.3d 541

2023 NY Slip Op 06084

Eric Frankel, Individually and as Executor of the Estate of Gloria Frankel, Deceased, Respondent, v. 71st Street Lexington Corp. et al., Appellants.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Matthew A. Ulmann of counsel), for appellants.

Foster Garvey PC, New York ( Maurice W. Heller of counsel), for respondent.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Alexander M. Tisch, J.) entered on October 24, 2022, which denied the cross-motion of defendant 71st Street Lexington Corp., also sued herein as 71st Street Lexington Corporation, for summary judgment on its counterclaims for attorneys' fees under the proprietary lease, unanimously affirmed, with costs.

The motion court properly denied defendant-cooperative's cross-motion for summary judgment on its counterclaims for attorneys...

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