Opinion
570272/18
09-19-2018
WIN FENG LLC, Petitioner-Landlord-Respondent, v. Jeffrey Adam LAWRENCE, Respondent-Tenant-Appellant, and "John Doe" and/or "Jane Doe", Respondents-Undertenants.
Per Curiam.
Order (Anne Katz, J.), entered December 15, 2016, affirmed, with $10 costs.
Civil Court properly concluded that landlord was the prevailing party entitled to attorneys' fees in this nonpayment proceeding, which was resolved via a so-ordered stipulation of settlement, whereby tenant withdrew his answer, consented to the entry of judgment for the rent arrears sought by landlord without setoff or abatement, and whose terms expressly reserved landlord's right to seek attorneys' fees (see Excelsior 57th Corp. v. Winters , 227 AD2d 146 [1996] ; Peachy v. Rosenzweig , 215 AD2d 301 [1995] ). The record discloses no manifest unfairness or bad faith by landlord that would justify a denial of its right to seek attorneys' fees pursuant to the legal fees provision in the parties' lease (see Matter of 251 CPW Hous. LLC v. Pastreich , 124 AD3d 401, 404 [2015] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.