Eleven Waverly Associates v. Waering

OPINION OF THE COURT

Final judgment entered December 13, 1985 reversed, with *1094$30 costs, and the award of attorney’s fees to the tenant is vacated.

In this nonprimary residence proceeding, the petition was dismissed on the merits after a finding in tenant’s favor. Attorney’s fees were awarded to the prevailing tenant after a hearing. In making the award, the Civil Court reasoned that while a landlord who brings a successful holdover proceeding based on nonprimary residence should not receive attorney’s fees, since the dispute does not arise out of the lease, a tenant who successfully defends…