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LAMPROS FATSIS et al., Appellants, v. 360 CLINTON AVENUE TENANTS CORP. et al., Respondents.

Ordered that the judgment is reversed, on the law, with costs, and it is declared that the plaintiffs are not obligated to pay the defendant 360 Clinton Avenue Tenants Corp. an attorney's fee in the principal sum of $8,046.94, and that the plaintiffs are entitled to recover the money held in escrow.

In general, only a prevailing party is entitled to recover an attorney's fee. To be considered a prevailing party, a party must be successful with respect to the central relief sought ( see, Nestor v. McDowell, 81 N.Y.2d 410, 415-416; 25 E. 83 Corp. v. 83rd St. Assocs., 213 A.D.2d 269). The defendant 360 Clinton Avenue Tenants Corp. was not the prevailing party in the underlying summary proceeding in this case. Accordingly, the plaintiffs are not obligated to pay that defendant an attorney's fee, and the plaintiffs are entitled to recover the money held in escrow.

The plaintiffs' remaining contentions are without merit.

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FATSIS v. 360 CLINTON AVE. TENANTS CORP
(May 30, 2000)