| Mangano v Burke |
| 2006 NY Slip Op 52392(U) [14 Misc 3d 126(A)] |
| Decided on December 14, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlords appeal from (1) so much of an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated June 7, 2005, as granted tenant's motion for attorneys' fees and (2) an order (same court and Judge), dated September 6, 2005, which denied landlords' motion for reargument.
PER CURIAM:
Order (Michelle D. Schreiber, J.), dated June 7, 2005, affirmed, with $10 costs, for the reasons stated by Michelle D. Schreiber, J. at Civil Court. Appeal from order (Michelle D. Schreiber, J.), dated September 6, 2005, dismissed, without costs, as nonappealable.
We agree that the allegations contained in paragraphs 4 and 9 of landlord's verified petition constitute a formal judicial admission that a valid lease containing an attorneys' fee provision exists between the parties (see East Egg Assoc. v Diraffaele, 158 Misc 2d 364 [1993], affd 160 Misc 2d 667 [1994]), thus triggering the reciprocity provisions of Real Property Law § 234.
This constitutes the decision and order of the court.
Decision Date: December 14, 2006