600 Realty Hgts., LLC v Paula-Molina

[*1] 600 Realty Hgts., LLC v Paula-Molina 2015 NY Slip Op 51521(U) Decided on October 20, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 20, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570019/14

600 Realty Heights, LLC, Petitioner-Landlord-Respondent, -

against

Jorge R. Paula-Molina, Respondent-Tenant-Appellant.

Tenant appeals from a "decision and order" of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), entered on or about November 24, 2014, after a hearing, which awarded landlord attorneys' fees in the principal sum of $7,807.10 in a holdover summary proceeding.

Per Curiam.

Appeal from "decision and order" (Phyllis K. Saxe, J.), entered on or about November 24, 2014, deemed an appeal from the judgment (same court and Judge), entered on or about the same date, and so considered (see CPLR 5520[c]), judgment affirmed, with $25 costs.

Landlord was the prevailing party entitled to attorneys' fees in this holdover proceeding based on tenant's refusal to execute a renewal lease (see Rent Stabilization Code [9 NYCRR] § 2524.3[f]). Landlord was awarded the "central relief" sought in this proceeding, a possessory judgment (see Nestor v McDowell, 81 NY2d 410, 416 [1993]), based on the court's determination that tenant made "unilateral[] [and] material alterations [to the renewal lease], including changing the amount of rent to a level below the permissible New York City Rent Guidelines." "The fact that tenant was granted a 10-day statutory cure period subsequent to the judgment of possession in no way alters landlord's status as the prevailing party in the proceeding" (490 Owners Corp. v Isreal, 189 Misc 2d 34, 35 [2001]).

The amount of the attorneys' fees award has ample support in the record and is not disturbed. The court appropriately evaluated counsel's testimony and records as to the nature, extent and necessity of the legal services rendered on landlord's behalf in this proceeding (see 542 East 14th Street LLC v Lee, 66 AD3d 18, 24-25 [2009]) and warrants no further reduction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 20, 2015