[*1]
Goldman v Negron
2004 NY Slip Op 50957(U)
Decided on August 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 20, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
571129/02

JANE HARRIET GOLDMAN, ALLAN HOWARD GOLDMAN AND LOUISA LITTLE, As Co-Trustees of the LILLIAN GOLDMAN MARITAL TRUST UNDER THE WILL OF SOL GOLDMAN, Petitioners-Landlords-Respondents,

against

LARRY NEGRON AND GARY J. NEGRON, Respondents-Tenants-Appellants.


Tenants, as limited by their brief, appeal from so much of orders of the Civil Court, New York County, entered January 14, 2002 (Jean T. Schneider, J.) as denied their motion for attorneys' fees, with leave to renew, in a nonpayment summary proceeding.


PER CURIAM:

Orders entered January 14, 2002 (Jean T. Schneider, J.) affirmed, with $10 costs.

Since determination of the issues in the related rent overcharge action will be dispositive of the nonpayment proceeding, which remained off calendar (on consent) for approximately five years, Civil Court properly exercised its discretion in declining to award fees at the time the petition was dismissed without prejudice.

This constitutes the decision and order of the court.