Failure to Mediate Real Estate Dispute Didn't Preclude Fee Award for Defense of Complaint

Provision in real estate purchase agreement disallowing attorney fees to a prevailing party who did not first attempt mediation did not preclude award of fees incurred to defend the action. In any event, the evidence was sufficient to support the trial court's implied finding that defendant's offer to mediate was rebuffed by plaintiff. Van Slyke v. Gibson (January 18, 2007, Second District, Div. Six) Cite as 2007 SOS 311




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