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BEACH HAVEN v. CHESEBOROUGH

2 Misc.3d 33 (2003)

773 N.Y.S.2d 775

BEACH HAVEN APARTMENTS NO. 1 INC., Respondent, v. MARC CHESEBOROUGH et al., Appellants.

Supreme Court, Appellate Term, Second Department.

December 10, 2003.

Attorney(s) appearing for the Case

Tenenbaum Dunbar & Berger LLP, Brooklyn (David M. Berger of counsel), for appellants.

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park (Jose Saladin and Gary Friedman of counsel), for respondent.

PESCE, P.J., PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

After prevailing on landlord's holdover petition based on tenants' violation of a lease provision barring the harboring of an animal, tenants, who interposed no attorney's fees demand in their answer or in their successful motion for summary judgment (see Real Property Law § 234), moved for an order granting this relief two years later and without explanation for...

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