TRB Acquisition LLC, et al. v. Jack Yedid

Summary

The Appellate Division, First Department reversed an order awarding Jack Yedid $350,000 in attorneys' fees and vacated the award. Relying on its prior holding that the plaintiffs' action was not a strategic lawsuit against public participation, the court held that Yedid was not entitled to attorneys' fees; it also declined to consider the plaintiffs' request for reassignment of the matter because that request was unpreserved.

Holdings

1. Defendant was not entitled to attorneys' fees because the Appellate Division had previously held that plaintiffs' action was not a strategic lawsuit against public participation; the attorneys' fee award was therefore reversed and vacated.
2. Plaintiffs' request to have the matter reassigned to a different justice was unpreserved because plaintiffs failed to seek that relief from the motion court.
3. In any event, plaintiffs were not entitled to reassignment because they presented no factual basis demonstrating that the court had a predetermined outcome in mind.

Questions Presented

1. Whether defendant was entitled to attorneys' fees when the Appellate Division had previously held that plaintiffs' action was not a strategic lawsuit against public participation.
2. Whether plaintiffs' request to reassign the matter to a different justice was preserved for appellate review or supported by a factual basis.

Disposition

reversed