| Morrison LLC v Linder |
| 2014 NY Slip Op 50274(U) [42 Misc 3d 144(A)] |
| Decided on February 28, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, as limited by his brief, appeals from that portion of an order of the Civil
Court of the City of New York, Bronx County (Brenda S. Spears, J.), dated May 17,
2013, which awarded landlord attorneys' fees in the sum of $2,200 in a nonpayment
summary proceeding.
Per Curiam.
Order (Brenda S. Spears, J.), dated May 17, 2013, insofar as appealed from, reversed, without costs, and landlord's application for attorneys' fees is denied.
On this record, which shows that landlord agreed to withdraw its possessory claim as
"moot" and reprocess the rent checks timely tendered by tenant but rejected by the
depository bank based on landlord's own faulty endorsement, landlord did not achieve
prevailing party status for purposes of recovering attorneys' fees (see Nestor v
McDowell, 81 NY2d 410, 415-416 [1993] Berman v Dominion Management
Co., 50 AD3d 605 [2008]). THIS CONSTITUTES THE DECISION AND ORDER
OF THE COURT.
Decision Date: February 28, 2014