O'Connell v. 1205-15 First Avenue Associates, LLC

Order, Supreme Court, New York County (Louis B. York, J.), *234entered April 7, 2005, which, in an action by a tenant against his landlord to recover reasonable attorneys’ fees incurred in this and a prior action, denied tenant’s motion for summary judgment and, upon a search of the record, dismissed the complaint, unanimously affirmed, without costs.

The prior action was brought by landlord against tenant and sought use and occupancy, ejectment, damages for fraud, rescission of the lease based on fraud and a declaration that tenant’s “sweetheart lease” was void or voidable. Subsequent to…