Case Type

Holdover-Licensee

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

308455/2021

Petitioner

COD, LLC

Respondent

Miras Ljuljdjuraj

Judge

STOLLER, JACK

Decision/Order Date

2024-08-02

Posture

Post-judgment Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord, COD, LLC, commenced a holdover proceeding against the tenant, Miras Ljuljdjuraj, seeking possession of the subject premises on the basis that the tenant's occupancy was incidental to his employment and that the landlord terminated his employment. The court dismissed the proceeding. The tenant then counterclaimed for attorneys' fees. The court denied the landlord's motion to dismiss the counterclaim and subsequently awarded the tenant a judgment for attorneys' fees, finding that the tenant was the prevailing party in the proceeding and that the hourly rates and hours billed by the tenant's counsel were reasonable. The court also awarded the tenant disbursements.

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