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GLENCORD BUILDING CORP. AND GIUSTIZIA AGGRESSIVO, LLC AS TENANTS-IN-COMMON, pet-res, v. ELENA STRUJAN, res-ap

13-205/207. GLENCORD BUILDING CORP. AND GIUSTIZIA AGGRESSIVO, LLC AS TENANTS-IN-COMMON, pet-res, v. ELENA STRUJAN, res-ap. — Judgment (David J. Kaplan, J.), entered February 9, 2012, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dated January 9, 2012 dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order (David J. Kaplan, J.), entered January 26, 2012, dismissed, without costs, as nonappealable.

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13-205/207. GLENCORD BUILDING CORP. AND GIUSTIZIA AGGRESSIVO, LLC AS TENANTS-IN-COMMON, pet-res, v. ELENA STRUJAN, res-ap. — Judgment (David J. Kaplan, J.), entered February 9, 2012, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dated January 9, 2012 dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order (David J. Kaplan, J.), entered January 26, 2012, dismissed, without costs, as nonappealable.

Having substantially prevailed on the central issues litigated in the underlying 2008 nonpayment “summary” proceeding (see Glencord Bldg. Corp. v. Strujan, 26 Misc 3d 138 [A], 2010 NY Slip Op 50227 [U] [App Term, 1st Dept 2010], lv denied 2010 NY Slip Op 83533 [U] [App Div, 1st Dept 2010], lv dismissed 17 NY3d 748 [2011]), petitioner-landlord was properly awarded counsel fees pursuant to the governing lease agreement (see Excelsior 57th Corp. v. Winters, 227 AD2d 146 [1996]; Peachy v. Rosenzweig, 215 AD2d 301 [1995]). Based on the record as a whole, and considering what might fairly be viewed as tenant’s aggressive litigation approach, the amount of the fee award was within reasonable limits and is not disturbed.

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