Opinion
570141/05, 05-100-102.
Decided November 23, 2005.
Plaintiffs appeal and defendant cross-appeals from an order of the Civil Court, New York County (Debra Rose Samuels, J.), entered on or about May 1, 2003, and plaintiffs further appeal from the judgment (same court and Judge), entered June 23, 2003, insofar as their respective motions for attorneys' fees were denied.
Judgment (Debra Rose Samuels, J.), entered June 23, 2003, affirmed, with $25 costs. Appeal from order (Debra Rose Samuels, J.), entered on or about May 1, 2003, dismissed, without costs, as subsumed in the appeal from the judgment.
PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
Plaintiffs-tenants commenced this action in Supreme Court seeking rescission, damages and injunctive relief after defendant threatened to terminate their proprietary lease for failure to pay maintenance arrears. Defendant counterclaimed for $30,000 in maintenance allegedly due, and ejectment. The case was transferred to Civil Court pursuant to CPLR 325-d, and, after trial, plaintiffs were awarded a refund of $6,560.82 in maintenance payments for the summer months of 1996, when the apartment was uninhabitable, but were found liable for maintenance payments of $4,453.84 accruing thereafter. Plaintiffs' claim for $150,000 in lost profits was dismissed.
In light of the mixed result reached below, the court correctly ruled that neither side was a "prevailing party" entitled to attorneys' fees ( see Real Property Law § 234); ( Mosesson v. 288/98 W. End Tenants Corp., 294 AD2d 283, 284).
This constitutes the decision and order of the Court.