Wilton Estates, Inc. v Quinn

[*1] Wilton Estates, Inc. v Quinn 2009 NY Slip Op 52351(U) [25 Misc 3d 138(A)] Decided on November 19, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 19, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter JJ
570761/09.

Wilton Estates, Inc.,

against

Marianne Quinn, Respondent-Tenant-Respondent.

Landlord appeals, as limited by its brief, from (1) an order of the Civil Court of the City of New York, New York County (Marcia J. Sikowitz, J.), dated August 29, 2008, which conditioned the grant of landlord's motion to discontinue the holdover summary proceeding upon its payment of tenant's attorneys' fees and costs, and (2) an order and judgment (one paper) of the same court (Arlene H. Hahn, J.), entered December 2, 2008, which awarded tenant attorneys' fees and costs in the sum of $8,340.50.

Per Curiam.

Order (Marcia J. Sikowitz, J.), dated August 29, 2008, and order and judgment (one paper) (Arlene H. Hahn, J.), entered December 2, 2008, affirmed, with one bill of $25 costs.

Civil Court providently exercised its discretion in conditioning the discontinuance of this holdover summary proceeding on the payment by landlord of tenant's costs and attorneys' fees (see CPLR 3217[b]). The basis of landlord's eviction claim was dubious and landlord delayed in formally moving to discontinue the proceeding, causing tenant to incur needless litigation expenses (see PSA 190 Avenue B Assoc., LP, v Ejoh, 19 Misc 3d 141[A], 2008 NY Slip Op 50970[U] [2008]). We note that landlord does not challenge the amount of the attorneys' fee award.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 19, 2009