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VILLAGE OF HEMPSTEAD, appellant, v. JULIUS TALIERCIO, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is undisputed that the plaintiff's sole purpose in making its motion, in effect, for leave to substitute Russell Oliveri, as Executor of the Estate of Peter Pirinea for the deceased party defendant Peter Pirinea, was to pursue the recovery of an attorney's fee.

"In general, only a prevailing party is entitled to recover an attorney's fee" and "[t]o be considered a prevailing party, a party must be successful with respect to the central relief sought" ( Fatsis v. 360 Clinton Ave. Tenants Corp., 272 A.D.2d 571; see Nestor v. McDowell, 81 N.Y.2d 410, 415; Hooper Assocs. v. AGS Computers, 74 N.Y.2d 487, 491; 25 E. 83 Corp. v. 83rd St. Assocs., 213 A.D.2d 269). The plaintiff was not a prevailing party since the subject house, which the plaintiff alleged that the defendants were operating as an illegal rooming house, was sold in March 2002. Thus, the action for a permanent injunction barring the defendants from operating the house as a rooming house was rendered academic. Accordingly, the Supreme Court properly denied the motion and granted the cross motion.

FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

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VILLAGE OF HEMPSTEAD v. TALIERCIO
(Jun 14, 2004)