| Sklar Living Trust v Brownstein |
| 2004 NY Slip Op 50822(U) |
| Decided on July 7, 2004 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court, New York County, entered on or about April 23, 2003 after a hearing (Cyril K. Bedford, J.) awarding landlord attorneys' fees in the sum of $6,550 in a holdover summary proceeding.
PER CURIAM:
Order entered on or about April 23, 2003 (Cyril K. Bedford, J.) affirmed, with $10 costs.
Approximately eight months after commencement of the underlying holdover proceeding, and following the entry of a default possessory judgment in landlord's favor and the overruling of tenant's traverse, tenant vacated the non-regulated apartment premises pursuant to a "so-ordered" settlement stipulation whose terms expressly "reserved" landlord's claim for legal fees. In this posture, we agree that landlord qualifies as a prevailing party (see Soho Vill. Realty v Gaffney, 188 Misc 2d 261 [2001]) entitled to recover attorneys' fees under the terms of the parties' 1986 lease agreement (see Duell v Roberts, 232 AD2d 301 [1996]; 1 Dolan, Rasch's Landlord and Tenant — Summary Proceedings § 10:2, at 448 [4th ed]). The amount of the fee award is not excessive. [*2]
This constitutes the decision and order of the court.