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TERRASTONE AUDUBON, L.P. v. BLAIR VENTURES, LLC

108948/10 6296 6295.

160 A.D.3d 526 (2018)

74 N.Y.S.3d 541

2018 NY Slip Op 02576

Terrastone Audubon, L.P., Plaintiff, v. Blair Ventures, LLC, Appellant, et al., Defendants, et al., Defendant-Intervenor. Kosoff, PLLC, et al., Nonparty Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 17, 2018.

The court appropriately awarded Sklar his legal fees (see CPLR 8004[b]) and, further, properly adjudged defendant liable for them, even though defendant did not move for Sklar's appointment (see De Nunez v Bartels, 264 A.D.2d 565 [1st Dept 1999]). Also, notwithstanding an agreement by Mont York, the purchaser of the premises at issue, to assume responsibility for funds disbursed by the receiver after August 29, 2012, defendant...

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