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Murray House Owners Corp. v. Welter

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 21, 2019
64 Misc. 3d 129 (N.Y. App. Term 2019)

Opinion

571196/18

06-21-2019

MURRAY HOUSE OWNERS CORP., Petitioner-Landlord-Appellant, v. Barbara WELTER, Respondent-Tenant-Respondent.


Per Curiam.

Order (Gary F. Marton, J.), dated February 11, 2019, affirmed, with $10 costs.

We agree with Civil Court that tenant was the prevailing party in this nuisance holdover proceeding, following landlord's discontinuance of the proceeding without prejudice (to avoid a court-ordered traverse hearing), and its failure to commence a new holdover proceeding for approximately eleven months thereafter (see Park S. Assoc. v Essebag , 126 Misc 2d 994 [App Term, 1st Dept 1984] ; N.V. Madison, Inc. v Saurwein , 103 Misc 3d 996 [App Term, 1st Dept 1980]). In this context, and given the lack of any explanation for the extended period of inactivity, tenant is the prevailing party entitled to her reasonable attorneys' fees, since the ultimate outcome is in her favor, whether or not such outcome is on the merits (see Centennial Restorations Co. v Wyatt , 248 AD2d 193, 197 [1998] ).

Landlord's ultimate commencement of a new holdover proceeding against tenant does not mandate a different result, since, as noted by Civil Court, the new proceeding was not brought until nearly a year after landlord discontinued the instant proceeding, and only after tenant moved for an award of attorneys' fees.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Murray House Owners Corp. v. Welter

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 21, 2019
64 Misc. 3d 129 (N.Y. App. Term 2019)
Case details for

Murray House Owners Corp. v. Welter

Case Details

Full title:Murray House Owners Corp., Petitioner-Landlord-Appellant, v. Barbara…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Jun 21, 2019

Citations

64 Misc. 3d 129 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51013
116 N.Y.S.3d 466

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