111 On 11 Realty Corp. v. Norton – Case Brief Summary (New York)

In 111 On 11 Realty Corp. v. Norton (191 Misc. 2d 483, 742 N.Y.S.2d 529 [Civ Ct, Kings County 2002], revd on other grnds 5 Misc. 3d 28, 783 N.Y.S.2d 744, 2004 NY Slip Op 24283U [App Term, 2d Dept, 2d & 11th Jud Dists, July 21, 2004, mem]), the court "excluded from the calculation of the fee award the time spent by counsel on the Supreme Court matter and left it to the Supreme Court for the determination of whether fees are to be awarded in the case pending in that Court." (Id. at 489.)

But the 111 on 11 Realty court considered "pending Supreme Court litigation (not assigned to this Judge) involving other tenants in the building." (Id. at 487.)