Tenant appeals from an order of the Civil Court of

the City of New York, New York County (Kevin C. McClanahan, J.), dated March 8, 2007, which denied her motion for attorney's fees and sanctions.
Per Curiam.

Order (Kevin C. McClanahan, J.), dated March 8, 2007, affirmed, with $10 costs.

Civil Court properly denied tenant's application for attorney's fees, correctly finding that tenant could not avail herself of the attorney's fees provisions contained in either the 1980 proposed lease agreement that she refused to sign or her initial 1983 lease agreement with the predecessor landlord, an agreement which, by its express terms, ended upon the City's acquisition of the building premises. Nor did the prayer for attorney's fees tersely
stated by landlord in its holdover petition have the force of a judicial admission which would concede the existence of a valid attorney's fee provision (see Partnership 92 W., L.P. v Woods, 186 Misc 2d 445 [2000]; cf. East Egg Assoc. v DiRaffaele, 158 Misc 2d 364 [1993], affd 160 Misc 2d 667
[1994]).

The landlord's prosecution of its underlying rent claim did not manifest such "extreme behavior" as to constitute frivolous conduct within the meaning of 22 NYCRR 130-1.1 (a) (see Hunts Point Term. Produce Coop. Assn. v New York City Economic Dev. Corp., 54 AD3d 296 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur [*2]
Decision Date: March 31, 2009