Kirock 80 Co. v. Mootoo

46 N.Y.S.3d 475 (Table)

KIROCK 80 CO., LLC, Petitioner–Landlord–Respondent,

v. Stephen MOOTOO, Respondent–Tenant–Appellant,andNancy Jung Mootoo, CEC, Inc., "John Doe" and "Jane Doe," Respondents–Undertenants.

Supreme Court, Appellate Term, First Department, New York.

Oct. 26, 2016.

PER CURIAM.

Order (Brenda S. Spears, J.), dated October 8, 2014, reversed, with $10 costs, tenant's motion for attorneys' fees granted and the matter remanded to Civil Court for a hearing to determine the reasonable value of attorneys' fees due tenant.

Tenant achieved prevailing party status entitling him to recover attorney's fees in the underlying holdover summary proceeding (see Real Property Law § 234 ), which was discontinued "with prejudice" by landlord, via a so-ordered settlement stipulation whose terms expressly reserved tenant's right to seek attorney's fees. The record discloses no bad faith by tenant that would justify a complete denial of tenant's reciprocal right to attorneys' fees. Nor does the motion court's conclusion that "this proceeding could have been resolved more rapidly" had tenant timely complied with discovery obligations, render it manifestly unfair to award attorneys' fees to tenant (see Matter of 251 CPW Hous. LLC v. Pastreich, 124 A.D.3d 401, 404 [2015] ; Jacreg Realty Corp. v....