Hanlon v Wartski

[*1] Hanlon v Wartski 2016 NY Slip Op 50413(U) Decided on March 28, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Ling-Cohan, J.
570045/16

Julie Hanlon, Petitioner-Tenant-Respondent,

against

Jay Wartski, Respondent-Landlord-Appellant.

Respondent-landlord appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated May 18, 2015, after a hearing, which denied its motion for an award of attorneys' fees in a Housing Part enforcement proceeding.

Per Curiam.

Order (Phyllis K. Saxe, J.), dated May 18, 2015, affirmed, with $10 costs.

We sustain the denial of respondent-landlord's motion for attorneys' fees pursuant Housing Maintenance Code [Administrative Code of the City of New York] § 27-2115[m][4]). The underlying Housing Part proceeding was discontinued by petitioner-tenant, without opposition, and the court below made no finding that tenant's harassment claim was "so lacking in merit as to be frivolous" (Administrative Code § 27-2115[m][4]). Nor does the limited record now before us permit such finding.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: March 28, 2016