Opinion
570402/03.
Decided November 18, 2003.
Tenant appeals from an order of the Civil Court, New York County, dated March 6, 2003 (Eileen N. Nadelson, J.) which directed a hearing to determine the reasonable attorney's fees due landlord, and from a judgment of the same court and Judge entered March 28, 2003 which, after a hearing, awarded landlord attorney's fees in the amount of $41,270.21 in a nonpayment summary proceeding.
Order dated March 6, 2003 (Eileen N. Nadelson, J.) and judgment entered March 28, 2003 (Eileen N. Nadelson, J.) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM P. McCOOE HON. PHYLLIS GANGEL-JACOB, Justices.
Landlord was properly awarded legal fees as the prevailing party in this commercial nonpayment proceeding. Landlord's acceptance of tenant's payment in satisfaction of the money judgment for rent does not equate with an accord and satisfaction on the issue of attorney's fees ( see, Patel v. Orma, 190 AD2d 782, 783; 815 Park Ave. Owners Inc. v. Metzyer, 250 AD2d 471). This issue is typically addressed after entry of a final judgment ( see, Monacelli v. Farrington, 240 AD2d 296).
The amount of the award was within reasonable limits, in view of the results achieved in the within Civil Court litigation and the related bankruptcy proceedings, and considering the absence below of any challenge by tenant to the qualifications or time spent by landlord's counsel. "The determination of reasonable counsel fees is a matter within the sound discretion of the trial court and, absent abuse, that court's determination should be upheld" ( Shrauger v. Shrauger, 146 AD2d 955, 956, appeal dismissed 74 NY2d 844).
This constitutes the decision and order of the court.