2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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LLC is seeking, under this cause of action, to recoup legal fees in connection with its derivative
causes of action. If Dogwood LLC were asserting such a claim for reciprocal attorneys' fees,
however, such request would have to be dismissed because the derivative claims have been
dismissed and in, any case, the derivative claims neither arise under Dogwood LLC's proprietary
lease, nor does Real Property Law § 234 entitle any party to reciprocal attorneys' fees for
bringing derivative claims.

As for the balance of this cause of action, it should be noted that Dogwood LLC asserted a
claim for reciprocal attorneys' fees in connection with its first and third causes of action in its
amended 2017 complaint, but did not assert such a claim for reciprocal legal fees with respect to
its other individual cause of action, including its second cause of action, which seeks injunctive
relief based on the alleged breaches of the lease set forth in the first cause of action. Whether a
claim for reciprocal attorneys' fees arising from the first and third causes of action is again being
sought under the twelfth cause of action is unclear as is whether Dogwood LLC is seeking, under
the twelfth cause of action, to assert a claim for reciprocal attorneys' fees in connection with its
second cause of action. To the extent that Dogwood LLC is seeking the same reciprocal
attorneys' fees twice under two different causes of action, such demand is redundant and, thus,
improper, and if reciprocal attorneys' fees are being sought solely under the twelfth cause of
action, each underlying cause of action from which the right to such fees allegedly flows, should
have been set forth in the twelfth cause of action.