Columbus 95th St. LLC v Greenidge-Joiner

[*1] Columbus 95th St. LLC v Greenidge-Joiner 2012 NY Slip Op 51368(U) Decided on July 24, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 24, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570010/12.

Columbus 95th Street LLC, Petitioner-Landlord-Respondent,

against

Michelle Greenidge-Joiner, Respondent-Tenant-Appellant, -and- Jessica Hawkins-Greenidge, Chauncy Joiner, Cagney Joiner, John Doe and Jane Doe, Respondents.

Tenant, as limited by her brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated March 23, 2011, which declined to condition the grant of landlord's motion to discontinue the holdover summary proceeding upon its payment of tenant's attorneys' fees.

Per Curiam.

Order (Brenda S. Spears, J.), dated March 23, 2011, affirmed, with $10 costs.

The order under review, which permitted landlord to discontinue its nonprimary residence claim without conditioning discontinuance on the payment of tenant's attorneys' fees, represents a sound exercise of the court's discretion (see CPLR 3217[b]; New York Downtown Hosp. v Terry, 80 AD3d 493 [2011]). There is no indication that landlord's possessory claim was frivolous and landlord has asserted good faith reasons for its decision to withdraw the claim (see Matter of Lawrence, 79 AD3d 417 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 24, 2012