Notwithstanding petitioner's status as a prevailing party in this summary holdover proceeding in which petitioner was awarded use and occupancy covering the period between the expiration of the parties' prior lease and respondents' voluntary surrender of the subject apartment, an award of attorneys' fees may be denied "where bad faith is established on the part of the successful party or where unfairness is manifest" (Nesbitt v New York City Conciliation & Appeals...
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