Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06015
Matter of Panasia Estate, Inc. v 29 W. 19 Condominium
Read the official decision: 2026 NY Slip Op 06015
Holding The Supreme Court properly awarded attorneys’ fees to the respondent under RPAPL 881, as the American rule does not preclude such awards to respondents who are haled into court for the petitioner’s sole benefit. A prevailing party determination is not required for these fee awards, and recent statutory amendments do not affect the court’s discretion in this regard.
The court’s words
are not accused of any wrongful conduct but are haled into court by a petitioner seeking access to their properties solely for its own benefit
2026 NY Slip Op 06015, at the official text
Fees in RPAPL 881 proceeding are not awarded to the prevailing party, but rather, to respondents
2026 NY Slip Op 06015, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06015 |
| Area of law | Real Property |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06015 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1272 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Panasia Estate, Inc. v 29 W. 19 Condominium, 2026 NY Slip Op 06015 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06015/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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