Opinion
570780/05, 05-418.
Decided January 24, 2006.
Appeal from order (Laurie L. Lau, J.), dated June 8, 2005, deemed an appeal from the judgment, same court and Judge, entered June 8, 2005, and so considered, the judgment is reversed, without costs, and the award of attorney's fees vacated.
Tenant appeals from an order of the Civil Court, New York County (Laurie L. Lau, J.), dated June 8, 2005, after a hearing, which awarded landlord attorney's fees in the amount of $9216.99.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
Landlord failed to demonstrate entitlement to attorney's fees, since no provision for payment of attorney's fees was included in the so-ordered stipulation settling the underlying holdover proceeding. "If the parties intend for an attorney's fee claim to survive execution of a settlement agreement, the claim should be expressly preserved in the agreement" ( Rossmill Assocs. v. Curtis, NYLJ February 26, 1999 at 26 col 2 [App Term, 1st Dept.]). Landlord may not raise for the first time on appeal its contention that the stipulation was breached by tenant and is no longer controlling. In any event, the record reveals that the pro se tenant substantially complied with the terms of the stipulation.
This constitutes the decision and order of the court.