Fragiacomo v. Pugliese

OPINION OF THE COURT

Memorandum.

Final judgment, insofar as appealed from, unanimously modified by striking the portion thereof awarding $450 attorney’s fees and by reducing the portion thereof awarding costs and disbursements to the sum of $3; as so modified, affirmed without costs.

In this nonpayment summary proceeding, tenants consented to the entry of a final judgment awarding landlord possession and rent arrears but appeal from so much of the final judgment as awarded landlord $450 in attorney’s fees and $144 in costs and disbursements. Attorney’s fees may be awarded to a prevailing…