Jerome v George

[*1] Jerome v George 2009 NY Slip Op 52645(U) [26 Misc 3d 128(A)] Decided on December 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570579/09.

Virginia Jerome, as Successor Executrix of the Estate of William Stone, Petitioner-Landlord-Respondent,

against

Patrice George, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered May 11, 2009, which denied her motion for attorneys' fees in a holdover summary proceeding.

Per Curiam.

Order (David J. Kaplan, J.), entered May 11, 2009, reversed, with $10 costs, tenant's motion for attorneys' fees granted and matter remanded for a determination of the amount of reasonable attorneys' fees due tenant.

The "ultimate outcome" of the underlying holdover summary proceeding was reached in favor of the tenant by virtue of Civil Court's determination on summary judgment that tenant justifiably refused to execute the stabilized renewal lease tendered by landlord (see Centennial Restorations Co. v Wyatt, 248 AD2d 193, 197 [1998]; Elkins v Cinera Realty, 61 AD2d 828, 828 [1978]; see also Park Towers South Co., LLC v Brick, NYLJ, Jan. 13, 2000, at 28, col 5 [App Term, 1st Dept]). Thus, tenant was the "prevailing party" and is entitled to attorneys' fees pursuant to the parties' initial lease agreement and the reciprocal provisions of Real Property Law § 234.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 29, 2009