Brigham Park Co-operative Apartments, Sec # 3, Inc. v. Rock

Full title: BRIGHAM PARK CO–OPERATIVE APARTMENTS, SEC # 3, INC., Appellant, v. Howard…

Court: Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts.

Date published: Feb 7, 2014

42 Misc. 3d 141 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50220

990 N.Y.S.2d 436

Opinion

No. 2012–773 K C.

2014-02-7

BRIGHAM PARK CO–OPERATIVE APARTMENTS, SEC # 3, INC., Appellant, v. Howard ROCK and Fran Rock, Respondents.

Accordingly, the judgment is reversed, so much of the order dated October 7, 2011 as, upon granting the branch of landlord's motion seeking attorney's fees, awarded landlord $400 in attorney's fees is vacated and the matter is remitted to the Civil Court for a hearing to determine the value of attorney's fees landlord is entitled to recover. In addition, the order, insofar as reviewed on direct appeal, is reversed, the branch of landlord's motion seeking to vacate the conditional stay is granted, and tenants' cross motion is denied.

ALIOTTA, J.P., PESCE and SOLOMON, JJ., concur.