Opinion
571129/02.
Decided August 20, 2004.
Tenants, as limited by their brief, appeal from so much of orders of the Civil Court, New York County, entered January 14, 2002 (Jean T. Schneider, J.) as denied their motion for attorneys' fees, with leave to renew, in a nonpayment summary proceeding.
Orders entered January 14, 2002 (Jean T. Schneider, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Since determination of the issues in the related rent overcharge action will be dispositive of the nonpayment proceeding, which remained off calendar (on consent) for approximately five years, Civil Court properly exercised its discretion in declining to award fees at the time the petition was dismissed without prejudice.
This constitutes the decision and order of the court.