Babylon Village Equities v. Mitchell

OPINION OF THE COURT

Memorandum.

Final judgment modified by striking the award to landlord of possession and the sum of $513.26, and by providing that the petition is dismissed; as so modified, affirmed without costs.

In the present nonpayment proceeding, landlord sought, along with possession and a money judgment for rent arrears, an award of late and legal fees. During the course of the trial, tenant tendered the $670 in rent that remained outstanding, and landlord’s counsel accepted it “without prejudice.” Landlord also waived the late fees that it claimed tenant owed, and the court dismissed…