TOMFOL OWNERS CORP v. Nelson Oquendo, “John Doe,” “Jane Doe,”, Respondents–Respondents. (2018)

Supreme Court, Appellate Term, New York,

TOMFOL OWNERS CORP., Petitioner–Landlord–Respondent, v. Robin PARKER, Respondent–Tenant–Appellant, Nelson Oquendo, “John Doe,” “Jane Doe,”, Respondents–Respondents.

570081 /18

Decided: April 23, 2018

PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Order (Michelle D. Schreiber, J.), dated April 28, 2017, insofar as appealed from, affirmed, with $10 costs.

In light of tenant's admitted default in paying maintenance due under the proprietary lease and tender of arrears during the pendency of this nonpayment proceeding, tenant was not entitled to an award of attorneys' fees as the prevailing party, even though the petition was ultimately dismissed due to a defective rent demand (see Matter of Stepping Stones Assoc. v. Seymour, 48 AD3d 581, 584 [2008], lv dismissed 10 NY3d 953 [2008]; Ram I v. Stuart, 248 AD2d 255, 256 [1998] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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