Irvell Leasing, Inc. v. 31 East 12th Street Owners Corp.

Appellate Division of the Supreme Court of New York

Irvell Leasing, Inc. v. 31 East 12th Street Owners Corp.

293 A.D.2d 354, 740 N.Y.S.2d 208, 2002 N.Y. App. Div. LEXIS 3843

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 2002

StatusPublished

This text of 293 A.D.2d 354 (Irvell Leasing, Inc. v. 31 East 12th Street Owners Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Irvell Leasing, Inc. v. 31 East 12th Street Owners Corp., 293 A.D.2d 354, 740 N.Y.S.2d 208, 2002 N.Y. App. Div. LEXIS 3843 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered April 20, 2001, insofar as appealed from as limited by the briefs, dismissing defendant’s counterclaims for additional rent and attorneys’ fees, unanimously affirmed, with costs..

Upon the parties’ respective motions for summary judgment, defendant lessor’s counterclaim for additional rent was properly dismissed upon a record demonstrating that plaintiff lessee paid the additional rent sought for real estate taxes, and that no additional rent is due for other expenses never previously billed. As defendant recognizes, dismissal of its counterclaim for additional rent necessarily involves dismissal of its counterclaim for attorneys’ fees. Concur—Mazzarelli, J.P., Saxe, Rosenberger, Ellerin and Marlow, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered April 20, 2001, insofar as appealed from as limited by the briefs, dismissing defendant’s counterclaims for additional rent and attorneys’ fees, unanimously affirmed, with costs..

Upon the parties’ respective motions for summary judgment, defendant lessor’s counterclaim for additional rent was properly dismissed upon a record demonstrating that plaintiff lessee paid the additional rent sought for real estate taxes, and that no additional rent is due for other expenses never previously billed. As defendant recognizes, dismissal of its counterclaim for additional rent necessarily involves dismissal of its counterclaim for attorneys’ fees. Concur—Mazzarelli, J.P., Saxe, Rosenberger, Ellerin and Marlow, JJ.

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Bluebook (online)

293 A.D.2d 354, 740 N.Y.S.2d 208, 2002 N.Y. App. Div. LEXIS 3843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irvell-leasing-inc-v-31-east-12th-street-owners-corp-nyappdiv-2002.