Landlord appeals from (1) an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), entered February 5, 2002, which granted tenant's motion for attorney's fees in a holdover summary proceeding, and (2) a judgment (same court and Judge), entered March 7, 2002, after a hearing, which awarded tenant a recovery of attorney's fees in the amount of $12,904.

PER CURIAM:

Judgment (Michelle D. Schreiber, J.), entered March 7, 2002, affirmed, with $25 costs. Appeal from order (same court and Judge), entered February 5, 2002, dismissed, without costs, as subsumed in the appeal from the aforesaid judgment.

Tenant achieved prevailing party status entitling him to recover attorney's fees in the underlying holdover summary proceeding (see Real Property Law § 234), which was discontinued "with prejudice against petitioner" via a so-ordered settlement stipulation whose terms expressly reserved tenant's right to attorney's fees. The petitioner-landlord "has made no showing of any bad faith by [tenant], and the fact that [landlord's] position in this litigation has not been frivolous does not render it manifestly unfair to enforce the [tenant's reciprocal right to] attorney's fees . . ." (Huron Assoc., LLC v 210 E. 86th St. Corp., 18 AD3d 231 [2005]). Nor is there any basis to conclude, on the abbreviated record now before us, that the amount of the fee award was excessive or unreasonable. We note landlord's 4½-year delay in perfecting the appeal.

This constitutes the decision and order of the court.
I concur I concur I concur [*2]
Decision Date: February 26, 2007