Blackstone v. Hess

(Civ. Ct. Bronx Cty. 1/30/04)

We represented: Respondent-tenant

Howard Malatzky, J.

DECISION and ORDER Respondent moves for an Order granting an award of legal fees. Petitioner opposes the motion to which Respondent replies. Upon careful review of the papers submitted and oral argument, this Court finds as follows. There is a lease agreement which provides for an award of attorneys' fees. RPL § 234 provides that where a residential lease allows a landlord to recover attorneys' fees it is implied in that lease that the tenant may also recover attorneys' fees. On July 3, 2002 the Appellate Term of the Supreme Court, First Department reversed the decision of the Hon. Anthony Fiorella of the Housing Court, granting Respondent's motion to vacate the default judgment and warrant of eviction with restoration to the premises. This Court finds that based on the ruling of the Appellate Term, Respondent should be considered the prevailing party for purposes of this proceeding. As the prevailing party, Respondent is entitled to an award of attorneys' fees. However, this Court must hold a hearing to determine the amount of reasonable and necessary attorneys' fees.

Accordingly, Respondent's motion is hereby granted to the extent of setting this matter down for a hearing on attorneys' fees. The parties shall appear in Part C, Room 390 at 9:30 on 3/3, 2004 ready to proceed.