A landlord commenced an action to recover on guaranties, following a breach of a commercial lease (guaranty action). The landlord had moved for attorney fees and costs incurred in litigating this action, attorney fees and costs arising from the subject motion (fees on fees) and prejudgment interest on the foregoing amounts, pursuant to CPLR §5001. The landlord also moved for the same relief in connection with a related action brought by the landlord’s tenant alleging wrongful eviction (wrongful eviction action). The two actions had been joined for discovery and trial.

A defendant guarantor (“A”) moved in the guaranty action for summary judgment dismissing the landlord’s claim for attorney fees and costs. The court had denied the motion. The court had previously granted the landlord partial summary judgment on the “basic issue of liability.” Additionally, the court rejected “A’s” argument that the claim had been released pursuant to the tenant’s bankruptcy plan.

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