4220 Broadway Associates v. Perez

OPINION OF THE COURT

Order entered December 22, 1999 affirmed, with $10 costs.

*603Civil Court properly vacated the final judgment and warrant in this nonpayment proceeding upon tenant’s tender of all outstanding arrears (see, Parkchester Apts. Co. v Scott, 271 AD2d 273). Landlord’s election to first apply tenant’s tender toward the nonpossessory judgment for attorneys’ fees, thereby creating a “shortfall” in the amount of tenant’s tender, does not dictate a contrary result. This course of action would effectively circumvent our holding in Silber v Schwartzman (150 Misc 2d 1) that attorneys’ fees…