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AD 1619 COMPANY v. VB MANAGEMENT, INC.

259 A.D.2d 382 (1999)

687 N.Y.S.2d 127

AD 1619 COMPANY, Appellant, v. VB MANAGEMENT, INC., Doing Business as BROADWAY COMPUTER VIDEO, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 23, 1999.

The record does not establish that petitioner landlord intentionally relinquished its claim for attorneys' fees (see, Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966, 968), and respondent tenant can make no tenable claim that amendment of the first nonpayment petition to include a claim for attorneys' fees would be surprising or prejudicial, since respondent was aware of article 19 of the lease providing for the landlord's...

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