| C.D. Kobsons, Inc. v Hyemi Cho |
| 2008 NY Slip Op 51038(U) [19 Misc 3d 142(A)] |
| Decided on May 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New
York County (David B. Cohen, J.), dated January 8, 2008, which denied its motion for renewal
and reargument (denominated as one to "restore" and for summary judgment) in a summary
holdover proceeding.
Per Curiam.
Appeal from order (David B. Cohen, J.), dated January 8, 2008, deemed to be from an order denying renewal, and so considered, affirmed, with $10 costs.
Petitioner-landlord's renewal motion was properly denied for failure to show a lack of
reasonable justification for not having presented the purported new facts in opposition to
respondents-subtenant's original motion for attorney's fees (see CPLR 2221[e];
Chelsea Piers Mgmt. v Forest Elec. Corp., 281 AD2d 252 [2001]). In any event,
paragraph 13 of the sublease agreement between the prime tenant and subtenants, which was
executed by landlord and expressly refers to landlord as a "party" thereto, entitles the prevailing
party to attorney's fees arising from any legal dispute between the parties.
Decision Date: May 23, 2008