| 433 Sutton Corp. v Broder |
| 2014 NY Slip Op 02218 [22 NY3d 1161] |
| April 1, 2014 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, May 14, 2014 |
| 433 Sutton Corp., Appellant, v Robert Broder, Respondent. |
Decided April 1, 2014
433 Sutton Corp. v Broder, 107 AD3d 623, reversed.
APPEARANCES OF COUNSEL
Cantor, Epstein & Mazzola, LLP, New York City (Robert I. Cantor and Brett L. Carrick of counsel), for appellant.
Rappaport Hertz Cherson & Rosenthal, P.C., Forest Hills (Jeffrey M. Steinitz of counsel), for respondent.
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.