433 Sutton Corp. v Broder, 22 NY3d at 1161 (2014)

2014 NY Slip Op 02218 [22 NY3d 1161]
April 1, 2014
Court of Appeals

[*1]

In the Matter of 433 Sutton Corp., Appellant,
v
Robert Broder, Respondent.

Decided April 1, 2014

433 Sutton Corp. v Broder, 107 AD3d 623, reversed.

{**22 NY3d at 1161} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, order of Supreme Court, New York County, reinstated, and certified question answered in the negative. The Appellate Division erred in determining that defendant was the prevailing party. Accordingly, defendant is not entitled to attorneys’ fees.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.