Santorini Equities, Inc. v. Picarra
Decided on February 15, 2011 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 This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated July 28, 2010, which granted tenant's motion for an award of attorneys' fees in a holdover summary proceeding and directed a hearing to determine the reasonable amount of such fees.
Order (Michelle D. Schreiber, J.), dated July 28, 2010, modified to limit the award of attorneys' fees to tenant to the reasonable amount of such fees tenant incurred in litigating (before Civil Court and on appeal) the Golub notice issue; as modified, order affirmed, without costs.
In the procedural posture of this case, wherein tenant secured a dismissal of the nonprimary residence holdover petition on the ground that the predicate (Golub) notice was defective (see Santorini Equities, Inc. v Picarra, 72 AD3d 73 , lv dismissed 15 NY3d 769 ), the "ultimate outcome" of the proceeding was reached in favor of tenant (see Centennial Restorations Co. v Wyatt, 248 AD2d 193 ). Therefore, tenant is entitled to an award of attorneys' fees pursuant to the parties' lease agreement and the provisions of Real Property Law § 234. However, in light of the particular facts and circumstances underlying this proceeding, tenant is limited to recovering the reasonable attorneys' fees he incurred in litigating (before Civil Court and on appeal) the Golub notice issue (see generally Binaku Realty Co. v Penepede, 2 Misc 3d 140[A], 2004 NY Slip Op 50292[U] ; Dara Realty Assoc. v Schachter, 2003 NY Slip Op 51150[U] ), and the attorneys' fees hearing should be tailored accordingly. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: February 15, 2011
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