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Alfred P. Evans, Respondent v. Kelly Tracy

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department


February 16, 2012

ALFRED P. EVANS, RESPONDENT,
v.
KELLY TRACY, APPELLANT.

Appeal from a final judgment of the City Court of Glen Cove, Nassau County (Richard J. McCord, J.), entered June 10, 2010.

Evans v Tracy

Decided on February 16, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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: MOLIA, J.P., NICOLAI and IANNACCI, JJ

The final judgment awarded landlord possession, $620 in rent arrears and $750 in attorney's fees, in a nonpayment summary proceeding.

ORDERED that the final judgment is modified by striking the award of $750 in attorney's fees; as so modified, the final judgment is affirmed, without costs.

Contrary to tenant's contention in this nonpayment proceeding, the City Court properly awarded landlord arrears of $620, without taking sworn testimony, upon tenant's express admission that she owed this amount (see RPAPL 745 [1]). However, the court erred in awarding landlord attorney's fees, as landlord failed to submit the lease into evidence to establish his entitlement to those fees (Peekskill Hous. Auth. v Quaintance, 20 Misc 3d 57 [App Term, 9th & 10th Jud Dists 2008]; Expressway Vil., Inc. v Denman, 26 Misc 3d 954, 960 [2009]). Accordingly, we modify the final judgment by striking the award of attorney's fees.

Molia, J.P., Nicolai and Iannacci, JJ., concur. Decision Date: February 16, 2012

20120216

© 1992-2012 VersusLaw Inc.



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