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.