| Townhouse Co., LLC v Peters |
| 2007 NY Slip Op 52111(U) [17 Misc 3d 133(A)] |
| Decided on October 31, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from that portion of an order of the Civil Court of the City of New York,
New York County (Michelle D. Schreiber, J.), dated October 24, 2006, which conditioned the
grant of landlord's motion to discontinue the holdover summary proceeding upon its payment of
tenant's attorneys' fees.
Per Curiam.
Order (Michelle D. Schreiber, J.), dated October 24, 2006, insofar as appealed from, reversed, with $10 costs, and the award of attorneys' fees vacated.
This nuisance holdover summary proceeding, based upon allegations that tenant's apartment was cluttered and unkempt, was commenced on December 1, 2005. In her answer, tenant alleged, inter alia, that the apartment condition had been remedied. In anticipation of a motion by landlord for an inspection of the apartment, tenant agreed to have the apartment available for inspection. The apartment was inspected by landlord on March 26, 2006 and April 13, 2006. Upon confirming that the apartment was no longer in the condition alleged in the petition, landlord sought to discontinue the proceeding. Following the parties' unsuccessful negotiations in June 2006 to enter into a stipulation of discontinuance, landlord moved in July 2006 for leave to discontinue the case pursuant to CPLR 3217(b). In this posture, and absent a showing of prejudice to tenant, landlord's motion to discontinue should have been granted unconditionally.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 31, 2007