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,
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This opinion is uncorrected and will not be published in the printed Official Reports.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 ). 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 ). 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
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