In 25 E. 83 Corp. v. 83rd St. Assocs., 213 A.D.2d 269 (1st Dept. 1995), the plaintiff was held not to be the prevailing party where "all of its substantive claims," including its cause of action for unpaid maintenance, were dismissed (Id. at 269).
The court declared that the defendant, by successfully defending itself against the lawsuit, was the prevailing party (Id.).