Opinion
570941/07.
Decided May 23, 2008.
Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), dated January 8, 2008, which denied its motion for renewal and reargument (denominated as one to "restore" and for summary judgment) in a summary holdover proceeding.
Appeal from order (David B. Cohen, J.), dated January 8, 2008, deemed to be from an order denying renewal, and so considered, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Petitioner-landlord's renewal motion was properly denied for failure to show a lack of reasonable justification for not having presented the purported new facts in opposition to respondents-subtenant's original motion for attorney's fees ( see CPLR 2221[e]; Chelsea Piers Mgmt. v Forest Elec. Corp., 281 AD2d 252). In any event, paragraph 13 of the sublease agreement between the prime tenant and subtenants, which was executed by landlord and expressly refers to landlord as a "party" thereto, entitles the prevailing party to attorney's fees arising from any legal dispute between the parties.