From Casetext: Smarter Legal Research

Sklar Living Trust v. Brownstein

Appellate Term of the Supreme Court of New York, First Department
Jul 7, 2004
2004 N.Y. Slip Op. 50822 (N.Y. App. Term 2004)

Opinion

571099/02.

Decided July 7, 2004.

Tenant appeals from an order of the Civil Court, New York County, entered on or about April 23, 2003 after a hearing (Cyril K. Bedford, J.) awarding landlord attorneys' fees in the sum of $6,550 in a holdover summary proceeding.

Order entered on or about April 23, 2003 (Cyril K. Bedford, J.) affirmed, with $10 costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.


Approximately eight months after commencement of the underlying holdover proceeding, and following the entry of a default possessory judgment in landlord's favor and the overruling of tenant's traverse, tenant vacated the non-regulated apartment premises pursuant to a "so-ordered" settlement stipulation whose terms expressly "reserved" landlord's claim for legal fees. In this posture, we agree that landlord qualifies as a prevailing party ( see Soho Vill. Realty v. Gaffney, 188 Misc 2d 261) entitled to recover attorneys' fees under the terms of the parties' 1986 lease agreement ( see Duell v. Roberts, 232 AD2d 301; 1 Dolan, Rasch's Landlord and Tenant — Summary Proceedings § 10:2, at 448 [4th ed]). The amount of the fee award is not excessive.

This constitutes the decision and order of the court.


Summaries of

Sklar Living Trust v. Brownstein

Appellate Term of the Supreme Court of New York, First Department
Jul 7, 2004
2004 N.Y. Slip Op. 50822 (N.Y. App. Term 2004)
Case details for

Sklar Living Trust v. Brownstein

Case Details

Full title:SKLAR LIVING TRUST, Petitioner-Landlord-Respondent, v. JOEL F. BROWNSTEIN…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jul 7, 2004

Citations

2004 N.Y. Slip Op. 50822 (N.Y. App. Term 2004)