SILBERSTEIN v. FIRST WALL STREET CAP. CORP

Ordered that the order is affirmed, with costs.

Gee-Bee, by its counterclaim, claims that it is entitled to attorney's fees and costs of litigation because the defendants and third-party plaintiffs instituted the action against it in bad faith.

Gee-Bee makes no claim that there is any statute, court rule or agreement between the parties that would afford it the relief it seeks. Absent such claim, there is no authority to grant Gee-Bee attorney's fees or costs of litigation, and the counterclaim fails to set forth a cause of action (Matter of A.G. Ship Maintenance Corp. v. Lezak, 69 N.Y.2d 1). Mollen, P.J., Lawrence, Kunzeman and Sullivan, JJ., concur.