B & B Manhattan, L.L.C. v Sack

[*1] B & B Manhattan, L.L.C. v Sack 2008 NY Slip Op 50737(U) [19 Misc 3d 135(A)] Decided on April 9, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 9, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570319/07.

B & B Manhattan, L.L.C., Petitioner-Landlord-Respondent,

against

Petezi Sack, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated May 8, 2007, which granted landlord's motion for attorneys' fees in a nonpayment summary proceeding.

PER CURIAM:
Order (Laurie L. Lau, J.) dated May 8, 2007
affirmed, with $10 costs.

Landlord prevailed on the central issues litigated in the underlying nonpayment summary proceeding and is entitled to an award of attorneys' fees pursuant to the parties' lease agreement (see Nestor v McDowell, 81 NY2d 410, 415-416 [1993]; Duell v Roberts, 232 AD2d 301 [1996]). The discretionary stay of enforcement of the possessory
judgment does not alter landlord's status as the prevailing party (see 326-330 East 35th St. Assoc. v Sofizade, 2003 NY Slip Op 50962[U] [2003]). Tenant's remaining arguments, to the extent preserved for appellate review, are lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2008