Glencord Bldg. Corp. v Strujan

[*1] Glencord Bldg. Corp. v Strujan 2013 NY Slip Op 51408(U) Decided on August 27, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 27, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Schoenfeld, Shulman, JJ
570466/09.

Glencord Building Corp. and Giustizia Aggressivo, LLC as Tenants-in-Common, Petitioner-Landlord-Respondent, - -

against

Elena Strujan, Respondent-Tenant-Appellant.

Tenant appeals from 1) an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated January 9, 2012, which granted landlord's motion for attorney's fees in a nonpayment summary proceeding and directed a hearing to determine the reasonable amount of such fees; 2) an order (same court and Judge), dated January 26, 2012, which denied tenant's motion to reargue the aforesaid order; and 3) a judgment (same court and Judge), entered February 9, 2012, after a hearing, which awarded landlord attorney's fees in the principal amount of $37,750.

Per Curiam.

Judgment (David J. Kaplan, J.), entered February 9, 2012, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dated January 9, 2012 dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order (David J. Kaplan, J.), entered January 26, 2012, dismissed, without costs, as nonappealable.

Having substantially prevailed on the central issues litigated in the underlying 2008 nonpayment "summary" proceeding (see Glencord Bldg. Corp. v Strujan, 26 Misc 3d 138[A], 2010 NY Slip Op 50227[U][App Term, 1st Dept 2010], lv denied 2010 NY Slip Op 83533[U][App Div, 1st Dept 2010], lv dismissed 17 NY3d 748 [2011]), petitioner-landlord was properly awarded counsel fees pursuant to the governing lease agreement (see Excelsior 57th Corp. v Winters, 227 AD2d 146 [1996]; Peachy v Rosenzweig, 215 AD2d 301 [1995]). Based on the record as a whole, and considering what might fairly be viewed as tenant's aggressive litigation approach, the amount of the fee award was within reasonable limits and is not disturbed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
I concur


AUGUST 27, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

June 2013 Term
NY County Clerk's No. 570466/09
Calendar No. 13-205/207

Hunter, Jr., J.P., Schoenfeld, Shulman, JJ.

Glencord Building Corp. and
Giustizia Aggressivo, LLC
as Tenants-in-Common,
Petitioner-Landlord-Respondent, -
against -
Elena Strujan,
Respondent-Tenant-Appellant.
Tenant appeals from 1) an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated January 9, 2012, which granted landlord's motion for attorney's fees in a nonpayment summary proceeding and directed a hearing to determine the reasonable amount of such fees; 2) an order (same court and Judge), dated January 26, 2012, which denied tenant's motion to reargue the aforesaid order; and 3) a judgment (same court and Judge), entered February 9, 2012, after a hearing, which awarded landlord attorney's fees in the principal amount of $37,750.
Per Curiam.
Judgment (David J. Kaplan, J.), entered February 9, 2012, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dated January 9, 2012 dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order (David J. Kaplan, J.), entered January 26, 2012, dismissed, without costs, as nonappealable.
Having substantially prevailed on the central issues litigated in the underlying 2008 nonpayment "summary" proceeding (see Glencord Bldg. Corp. v Strujan, 26 Misc 3d 138[A], 2010 NY Slip Op 50227[U][App Term, 1st Dept 2010], lv denied 2010 NY Slip Op 83533[U][App Div, 1st Dept 2010], lv dismissed 17 NY3d 748 [2011]), petitioner-landlord was properly awarded counsel fees pursuant to the governing lease agreement (see Excelsior 57th Corp. v Winters, 227 AD2d 146 [1996]; Peachy v Rosenzweig, 215 AD2d 301 [1995]). Based on the record as a whole, and considering what might fairly be viewed as tenant's aggressive litigation approach, the amount of the fee award was within reasonable limits and is not disturbed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 27, 2013



Decision Date: August 27, 2013