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2299-13 Apt. Corp v. Roman Portnov and Valiantsina Portnov

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


October 11, 2011

2299-13 APT. CORP., RESPONDENT,
v.
ROMAN PORTNOV AND VALIANTSINA PORTNOV,
APPELLANTS,
-AND- "JOHN DOE" AND "JANE DOE",
UNDERTENANTS.

Appeal from an order of the Civil Court of the City of New York, Kings County (George Michael Heymann, J.; op 26 Misc 3d 1209[A], 2010 NY Slip Op 50023[U]), entered January 12, 2010.

2299-13 Apt. Corp. v Portnov

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2011

PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ

The order, insofar as appealed from, denied the branch of tenants' motion seeking an award of attorney's fees.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

Under the particular circumstances presented in this holdover proceeding based on tenants' harboring a dog without landlord's permission, including tenants' misrepresentations to landlord that the dog was not theirs, which misrepresentations caused landlord to delay commencing legal proceedings, the Civil Court properly concluded that tenants were not entitled to an award of attorney's fees upon prevailing in the proceeding based on a defense founded upon the New York City Pet Law (Administrative Code of City of NY § 27-2009.1; see Stepping Stones Assoc. v Seymour, 48 AD3d 581, 584 [2008]; Carlton Estates, Inc. v Cruz, 31 Misc 3d 144[A], 2011 NY Slip Op 50878[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; Beach Haven Apts. No. 1 v Cheseborough, 2 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2003]; but cf. 184 W. 10th St. Corp. v Marvits, 29 Misc 3d 134[A], 2010 NY Slip Op 51970[U] [App Term, 1st Dept 2010]). We note that we do not pass on whether, under the circumstances presented, tenants were entitled to prevail upon their Pet-Law defense.

Steinhardt, J.P., Pesce and Weston, JJ., concur.

Decision Date: October 11, 2011

20111011

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