Opinion
No. 570530/11.
06-25-2015
MEGAN HOLDING LLC, Petitioner–Landlord–Appellant, v. Julie CONASON and Geoffrey Bryant, Respondents–Tenants–Respondents.
Opinion
Appeal from a “decision and order” (Arlene H. Hahn, J.), entered on or about November 15, 2013, deemed an appeal from the judgment (Arlene H. Hahn), entered on or about the same date, and so considered (see CPLR 5520[c] ), judgment modified to reduce tenants' recovery of additional attorneys' fees to the principal sum of $33,576.25; as modified, judgment affirmed, without costs.
The amount of the additional attorneys' fees awarded to tenants for successfully defending landlord's prior appeal (see Megan Holding LLC v. Conason, 37 Misc.3d 135[A], 2012 N.Y. Slip Op 52117[U] [App Term, 1st Dept 2012] ), was excessive to the extent indicated. In so concluding, we note that although tenants prevailed on the prior appeal, they are not entitled to the portion of their attorneys' fees incurred in their unsuccessful motion practice in this court, including their five motions (or cross motions) to dismiss landlord's prior appeal for failure to timely perfect (see Nestor v. Britt, NYLJ, July 2, 1998, at 32, col 1 [App Term, 1st Dept 1998], affd 270 A.D.2d 192 [2000] ; Binaku Realty Co. v. Penepede, 2 Misc.3d 140[A], 2004 N.Y. Slip Op 50292[U] [App Term, 1st Dept 2004] ; see also Quoratino v. Tiffany & Co., 166 F3d 422, 427 [2nd Cir1999] ; cf. 542 E. 14th St. LLC v. Lee, 66 AD3d 18, 24–25 [2009] ).
I concur.