Fifth and 106th Street Assoc. v. Hal Harris
Cite as: Fifth and 106th Street Assoc. v. Hal Harris, 570291/10, NYLJ 1202589712158, at *1 (App. Div., 1st, Decided October 5, 2012)
Before: Torres, J.P., Schoenfeld, Shulman, JJ.
Decided: October 5, 2012
Landlord appeals from a judgment of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered June 23, 2009, after a hearing, which awarded tenant attorneys' fees in the principal amount of $7,395 in a holdover summary proceeding. Tenant cross-appeals from so much of the aforesaid judgment as limited his recovery of attorneys' fees to the sum indicated.
Judgment (Joseph E. Capella, J.), entered June 23, 2009, modified only to the extent of awarding tenant prejudgment interest on the attorneys' fees award from August 29, 2008,
and remanding to Civil Court for the recalculation of the prejudgment interest and entry of an amended judgment; as modified, judgment affirmed, without costs.
We find unavailing landlord's challenge to the court's authority to award attorneys' fees to the prevailing tenant in connection with his successful defense of the holdover petition. Although the governing lease agreement does not expressly denominate the attorneys' fees made recoverable under lease paragraph 42 as "rent," such fees are a proper subject of recovery in this summary eviction proceeding, albeit only in the form of a money judgment (see Brusco v. Miller, 167 Misc 2d 54 [App Term, 1st Dept 1995]; Silber v. Schwartzman, 150 Misc 2d 1 [App Term, 1st Dept 1991]; cf. Peekskill Hous. Auth. v. Quaintance, 20 Misc 3d 57 [App Term, 2d Dept 2008]). The amount of the attorneys' fee award was within reasonable limits and is not disturbed. We modify only to the extent of awarding interest on the award from August 29, 2008, the midpoint date between March 3, 2008 (the date the holdover proceeding was dismissed) and June 23, 2009 (the date of the judgment for attorneys' fees) (see CPLR §5001[b]; Solow Mgt. Corp. v. Tanger, 19 AD3d 225
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.