Morrison LLC v. Linder

Full title: Morrison LLC d/b/a Morrison Apartment LLC, Petitioner–Landlord–Respondent…

Court: Supreme Court, Appellate Term, First Department, New York.

Date published: Feb 28, 2014

42 Misc. 3d 144 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50274

988 N.Y.S.2d 523

Opinion

2014-02-28

Morrison LLC d/b/a Morrison Apartment LLC, Petitioner–Landlord–Respondent, v. Harold LINDER, Respondent–Tenant–Appellant.

PER CURIAM.

On this record, which shows that landlord agreed to withdraw its possessory claim as “moot” and reprocess the rent checks timely tendered by tenant but rejected by the depository bank based on landlord's own faulty endorsement, landlord did not achieve prevailing party status for purposes of recovering attorneys' fees ( see Nestor v. McDowell, 81 N.Y.2d 410, 415–416 [1993];Berman v.. Dominion Management Co., 50 AD3d 605 [2008] ). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.