Village in The Woods Owners Corp. v. Powles

OPINION OF THE COURT

Memorandum.

Order modified by deleting the provision thereof denying the branch of tenant’s motion seeking attorney’s fees, and by substituting therefor a provision granting that branch of the motion; as so modified, order affirmed without costs and matter remitted to the District Court for an assessment of the attorney’s fees due tenant.

In this nonpayment summary proceeding, landlord, a cooperative apartment corporation, seeks to recover what it alleges is the unpaid portion of tenant’s monthly maintenance fee. It is undisputed that tenant has subtracted, from her monthly…