5700-5800-5900 Arlington Ave. Associates v. Medina

OPINION OF THE COURT

Sidney Rosen, J.

The issue presented upon this application for an award of attorneys’ fees is the applicability of section 234 of the Real *944Property Law to a holdover proceeding based upon an alleged failure of a rent-stabilized tenant to renew the lease.

The trial of this action resulted in a decision in favor of the tenant respondent, the court having resolved the conflicting testimony in his favor and relying on the several cases set forth in the decision which favored the avoidance of forfeiture of rent-regulated apartments, the petition was dismissed and possession…