First Avenue Village Corp. v. Harrison

OPINION OF THE COURT

Final judgment, entered on or about July 6, 2005, modified to deny tenant’s application for attorney’s fees and vacate the finding of frivolous conduct, and, as modified, affirmed, without costs.

We sustain the dismissal of the holdover petition since a fair interpretation of the evidence supports the trial court’s central findings that landlord lacked credibility with respect to a number of its breach of lease claims and failed to substantiate several others, that tenant remedied the remaining lease violations within the cure period specified in landlord’s prolix default…