Opinion
No. 2010–2054NC.
2012-02-16
Alfred P. EVANS, Respondent, v. Kelly TRACY, Appellant.
Present: MOLIA, J.P., NICOLAI and IANNACCI, JJ.
Appeal from a final judgment of the City Court of Glen Cove, Nassau County (Richard J. McCord, J.), entered June 10, 2010. The final judgment awarded landlord possession, $620 in rent arrears and $750 in attorney's fees, in a nonpayment summary proceeding.
ORDERED that the final judgment is modified by striking the award of $750 in attorney's fees; as so modified, the final judgment is affirmed, without costs.
Contrary to tenant's contention in this nonpayment proceeding, the City Court properly awarded landlord arrears of $620, without taking sworn testimony, upon tenant's express admission that she owed this amount ( seeRPAPL 745[1] ). However, the court erred in awarding landlord attorney's fees, as landlord failed to submit the lease into evidence to establish his entitlement to those fees (Peekskill Hous. Auth. v. Quaintance, 20 Misc.3d 57 [App Term, 9th & 10th Jud Dists 2008]; Expressway Vil., Inc. v. Denman, 26 Misc.3d 954, 960 [2009] ). Accordingly, we modify the final judgment by striking the award of attorney's fees.