| 60 W. 57th Inc. v Adams |
| 2008 NY Slip Op 50165(U) [18 Misc 3d 134(A)] |
| Decided on January 29, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, New York County
(Kevin C. McClanahan, J.), entered March 22, 2006, which granted landlord's application for
attorneys' fees in a holdover summary proceeding.
PER CURIAM:
Order (Kevin C. McClanahan, J.), entered March 22,
2006, affirmed, without costs.
The trial court properly concluded that petitioner landlord prevailed on its substantive breach
of lease claim so as to be entitled to recover reasonable attorney's fees, where tenant cured the
underlying lease violation during trial and abandoned her alleged statutory waiver defense
(see AD 1619 Co. v VB Mgt., Inc., 259 AD2d 382 [1999]). The absence of a formal
merits determination did not alter landlord's status as prevailing party (see Sykes v RFD Third
Ave., I Assocs., LLC, 39 AD3d 279 [2007]); Soho Vil. Realty, Inc. v Gaffney, 188
Misc 2d 261 [2001]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 29, 2008