Opinion
570357/07.
Decided May 12, 2008.
Landlord appeals from that portion of an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), dated May 17, 2007, which conditioned the grant of its motion to discontinue the holdover summary proceeding upon its payment of tenant's legal fees. Tenant cross-appeals from so much of the aforesaid order as denied her cross motion for summary judgment as moot.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Order (Kevin C. McClanahan, J.), dated May 17, 2007, affirmed, without costs.
In the circumstances of this case, where landlord sought to discontinue its (dubious) possessory claim nearly a full year after service of the holdover petition, it was not an abuse of discretion to condition landlord's relief on its payment of tenant's reasonable attorneys' fees (CPLR 3217[b]; see Tucker v Tucker, 55 NY2d 378, 383-384, n 2 [1982]; Carter v Howland Hook Hous. Co. , 19 AD3d 146; cf. Townhouse Co., LLC v Peters , 17 Misc 3d 133[A], 2007 NY Slip Op 52111[U] [2007]).
This Constitutes the Decision and Order of the Court.