[*1]
Ormonde Equities, LLC v Kershaw
2008 NY Slip Op 52342(U) [21 Misc 3d 139(A)]
Decided on November 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570039/08.

Ormonde Equities, LLC, Petitioner-Landlord-Appellant,

against

Brian Kershaw, et al., Respondents-Tenants-Respondents.


In consolidated appeals, landlord appeals and tenants cross appeal from 11 orders of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), each dated November 16, 2007, which denied the parties' respective motions for attorneys' fees in these nonpayment summary proceedings.


Per Curiam.

Orders (Jean T. Schneider), each dated November 16, 2007, affirmed, with one bill of $10 costs.

We sustain the denial of landlord's application for attorney's fees, in view of the mixed outcome of these protracted nonpayment proceedings (see Walentas v Johnes, 257 AD2d 352, 354 [1999], lv dismissed 93 NY2d 958 [1999]). Tenants' cross appeals, not having been briefed, are deemed
abandoned.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 21, 2008