339-347 E. 12th St. LLC v. Ling

*49OPINION OF THE COURT

Order, dated September 2, 2010, affirmed, without costs.

The determination of “prevailing party” status, and with it, of the party or parties entitled to an attorneys’ fee award pursuant to Real Property Law § 234 requires “an initial consideration of the true scope of the dispute litigated, followed by a comparison of what was achieved within that scope” (Excelsior 57th Corp. v Winters, 227 AD2d 146, 147 [1996]). After joinder of issue, but prior to trial, tenant tendered the entire amount ($10,125) of rent arrears sought by landlord for the three-month period (August 2009…