Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-315206-22/NY

Slip Opinion Number

2025 NY Slip Op 51906(U)

Petitioner

417 E 9th Partners LLC, Witnick 417 E 9th St LLC

Respondent

Clinton Agresti, "John" "Doe", "Jane" "Doe"

Judge

Ofshtein, Eleanora

Decision/Order Date

2025-11-18

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this holdover proceeding, the landlord, having already secured a judgment of possession and partial use and occupancy (U&O) after trial, moved for an additional money judgment for subsequent U&O and attorneys' fees. The tenant contended that MDL §302(1)(a) barred U&O collection due to a Certificate of Occupancy issue and that HSTPA amendments to RPAPL §702 precluded legal fees in summary proceedings. The court granted the landlord's motion, finding the U&O argument was barred by law of the case. It further held that RPAPL §702's intent was to prevent evictions for non-payment of fees mischaracterized as rent, not to prohibit a prevailing party from recovering non-possessory legal fees expressly allowed by lease.

Keywords

Attorneys’ Fees; HSTPA Amendment to RPAPL § 702 Does Not Bar Prevailing Party from Obtaining Money Judgment for Non-possessory Legal Fees Provided in Lease

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