Nestor v. Britt, 16 Misc. 3d 368 (2007)

Citation: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Parent Document: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Jurisdiction: New York (state)
Effective Date: 2007-04-23
Original Source: https://www.courtlistener.com/opinion/6308349/nestor-v-britt/ ↗

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Petitioners argue that much of respondent’s attorneys’ work was unrelated to the 2005 and 2006 owner’s use holdover proceedings. They ask the court to exclude respondent’s attorneys’ work devoted to the unfinished bathroom repairs, the planned Oleg Cassini museum, and a suit filed by singer and songwriter Neil Diamond against petitioners. All this work was related to these proceedings. The court has jurisdiction over repairs, and the unfinished bathroom repairs were a part of respondent’s counterclaim and affirmative defense of the warranty of habitability in the 2006 holdover proceeding. Any research devoted to the Cassini museum was a part of respondent’s effort to contradict petitioners’ claim that they intended to use the apartment for their primary residence. The suit between petitioners and Diamond, their next-door neighbor, involved an allegedly illegal addition petitioners were putting on the roof of the subject townhouse. Respondent believed that this addition was connected to the purported Cassini museum.

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