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650 W.E. Assoc. v Gari
2013 NY Slip Op 52182(U) [42 Misc 3d 129(A)]
Decided on December 19, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
.

650 W.E. Associates, Petitioner-Landlord-Respondent,

against

Brian Gari Respondent-Tenant-Appellant, -and- Laura Picarelli, Respondent-Undertenant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated April 6, 2010, which denied his motion for attorneys' fees in a holdover summary proceeding.


Per Curiam.

Order (Bruce E. Scheckowitz, J.), dated April 6, 2010, reversed, with $10 costs, tenant's motion granted, and the matter remanded to the Civil Court for a hearing to determine the reasonable value of attorneys' fees due tenant.

Contrary to landlord's contention, paragraph 7 of the governing lease agreement is sufficiently broad to trigger a reciprocal right to attorneys' fees in tenant's favor pursuant to Real Property Law § 234 (see Katz Park Ave. Corp. v Jagger, 98 AD3d 921, 921-922 [2012] [decided after issuance of the order here under review]; 354 E. 66th St. Realty Corp. v Curry, 40 Misc 3d 12 [2013] [same]). No other basis was shown to deny tenant attorneys' fees as the prevailing party in this proceeding.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: December 19, 2013