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ACIERNO v. FALDICH

193 Misc.2d 144 (2002)

748 N.Y.S.2d 470

LUCY ACIERNO, Plaintiff, v. HELGA FALDICH, Defendant.

District Court of Nassau County, Second District.

September 30, 2002.

Attorney(s) appearing for the Case

Mastroianni & Mastroianni, Westbury, for plaintiff.

William D. Friedman, Hempstead, for defendant.

OPINION OF THE COURT

HOWARD S. MILLER, J.

This is apparently a case of first impression in this court. It raises the question of whether counsel fees can be recovered by a landlord against a tenant, utilizing a small claims action that was instituted after the stipulated settlement of a landlord/tenant holdover summary proceeding where the landlord did not, and probably could not, seek counsel fees. The following...

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