Opinion
570578/06.
Decided January 29, 2008.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), entered March 22, 2006, which granted landlord's application for attorneys' fees in a holdover summary proceeding.
PRESENT: McKeon, P.J., Davis, Heitler, JJ.
Order (Kevin C. McClanahan, J.), entered March 22, 2006, affirmed, without costs.
The trial court properly concluded that petitioner landlord prevailed on its substantive breach of lease claim so as to be entitled to recover reasonable attorney's fees, where tenant cured the underlying lease violation during trial and abandoned her alleged statutory waiver defense ( see AD 1619 Co. v VB Mgt., Inc., 259 AD2d 382). The absence of a formal merits determination did not alter landlord's status as prevailing party ( see Sykes v RFD Third Ave., I Assocs., LLC, 39 AD3d 279); Soho Vil. Realty, Inc. v Gaffney, 188 Misc 2d 261).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.