| 184 W. 10th St. Corp. v Marvits |
| 2010 NY Slip Op 51970(U) [29 Misc 3d 134(A)] |
| Decided on November 15, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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
(Arlene H. Hahn, J.), dated August 26, 2009, which denied her motion for attorneys' fees in a
holdover summary proceeding.
Per Curiam.
Order (Arlene H. Hahn, J.), dated August 26, 2009, reversed, with $10 costs, tenant's motion
granted, and matter remanded to Civil Court for a hearing on the amount of reasonable attorneys'
fees owed to tenant.
Tenant's ultimate success on her Pet Law waiver defense (184 West 10th Street Corp. v Marvits,
59 AD3d 287 [2009]) warrants an award of attorneys' fees in her favor pursuant to the
governing lease agreement and the reciprocal provisions of Real Property Law § 234
(see 205 Third Ave. Owners, Inc. v Ziegler, NYLJ November 22, 1993, at 29, col 1 [App
Term, 1st Dept]; see also H.M. Village
Realty v Caccavale, 5 AD3d 289 [2004]). To the extent Beach Haven Apts. No. 1 Inc. v
Cheseborough (2 Misc 3d 33 [2003]), which is not binding upon us, is to the contrary,
we decline to follow it.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 15, 2010