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PARK S ASSOC v. ESSEBAG

113 Misc.2d 1026 (1982)

Park South Associates, Petitioner, v. Rose A. Essebag, Respondent.

Civil Court of the City of New York, New York County.

May 19, 1982

Attorney(s) appearing for the Case

Lindenbaum & Young, P. C. (Steven B. Sperber of counsel), for petitioner. Fischbein, Olivieri, Rozenholc & Badillo (Herman Badillo and Kenneth G. Schwartz of counsel), for respondent.

DAVID B. SAXE, J.

If a landlord's summary eviction proceeding is dismissed because it is based on a legally defective notice to cure, may the tenant nevertheless recover attorneys' fees even though it is uncertain whether "the landlord contemplates no further proceedings to determine the underlying merits" of the action? (N. V. Madison, Inc. v Saurwein, 103 Misc.2d 996, 998 [App Term, 1st Dept].)

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