Appellate Term, First Department · October 1, 2026 · 2026 NY Slip Op 51567[U]
Estrada v Tower 31 LLC
Read the official decision: 2026 NY Slip Op 51567[U]
Holding The court affirmed the permission to discontinue the proceeding without prejudice but modified the final judgment to limit the award of attorneys’ fees to those incurred in connection with the motion to discontinue. The court found that ordering payment of fees from the inception of the proceeding was improvident because respondents caused much of the delay in the matter.
The court’s words
the court improvidently exercised its discretion to the extent of ordering payment of fees from the inception of the proceeding
2026 NY Slip Op 51567[U], at the official text
given that much of the delay in this matter was caused by respondents
2026 NY Slip Op 51567[U], at the official text
limit petitioner's payment of fees to those incurred by respondents in connection with the motion to discontinue
2026 NY Slip Op 51567[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 51567[U] |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51567[U] |
| 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 | 823 |
Recommended citation
ESQ HQ, New York Law Watch, Estrada v Tower 31 LLC, 2026 NY Slip Op 51567[U] (Appellate Term, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51567-u/
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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