Rosewohl Enters., LLC v Gluck

[*1] Rosewohl Enters., LLC v Gluck 2007 NY Slip Op 51458(U) [16 Misc 3d 132(A)] Decided on August 2, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 2, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570639/06.

Rosewohl Enterprises, LLC, Petitioner-Landlord-Appellant,

against

Jack Gluck, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Ulysses B. Leverett, J.), dated March 14, 2005, which denied its motion for attorney's fees.

PER CURIAM:

Order (Ulysses B. Leverett, J.), dated March 14, 2005, affirmed, with $10 costs.

Landlord failed to demonstrate entitlement to attorney's fees, since no provision for payment of attorney's fees was included in the so-ordered stipulation vacating the final judgment and discontinuing the underlying nonpayment summary proceeding (see 512 East 11th St. HDFC v Als, 10 Misc 3d 142[A], 2006 NY Slip Op 50079[U] [2006]). "Since there was no express reservation of rights with respect to the derivative issue of attorneys' fees, it must be deemed to have been waived and subsumed in the negotiated settlement" (Harmir Realty Co. v Tesa, 2003 NY Slip Op 50015 [U][2003]; see also J.D. Realty Assoc. v Shanley, 288 AD2d 27 [2002]). We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 2, 2007