Angel Realty LLC v Bishop

[*1] Angel Realty LLC v Bishop 2012 NY Slip Op 50832(U) Decided on April 19, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 19, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Torres, JJ
570813/11.

Angel Realty LLC d/b/a Amy Realty Company, Petitioner-Landlord-Respondent, - -

against

Linda Bishop, Respondent-Tenant, - and - Blaine Bishop, Respondent-Undertenant-Appellant.

Respondent Blaine Bishop appeals from an order of the Civil Court of the City of New York, Bronx County (Eardell J. Rashford, J.), dated September 9, 2011, which denied his motion for attorney's fees in a holdover summary proceeding.

Per Curiam.

Order (Eardell J. Rashford, J.), dated September 9, 2011, affirmed, with $10 costs.

In the procedural posture of this case, where appellant's preanswer motion to dismiss the holdover petition was granted on technical grounds, appellant's application for attorney's fees was premature because the "ultimate outcome" of the controversy has not been reached (see Elkins v Cinera Realty, Inc., 61 AD2d 828 [1978]; cf. Centennial Restorations Co. v Wyatt, 248 AD2d 193, 197 [1998]), and a determination of "prevailing party" status cannot be made (see Matter of Moskowitz v Jorden, 27 AD3d 305 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 19, 2012