Justice Saliann Scarpulla
Landlord moved for a money judgment against tenant Sun for attorney fees of over $41,000. Sun previously commenced an action against landlord and the Division of Housing and Community Renewal (DHCR) to vacate DHCR’s Sept. 22, 2010 order. DHCR cross-moved to remit the action so it could reconsider same. The court denied and dismissed the proceeding, which was affirmed on appeal. Landlord now sought attorney fees arguing it was entitled to same as it prevailed at all stages of the litigation, and the parties’ lease contained a provision for attorney fees. Sun opposed contending landlord’s delay in filing the attorney fees petition prejudiced him, noting if he would have been made aware of landlord’s claim for attorney fees earlier, he would have made different decisions in pursuing his claims. He also alleged Real Property Law §234 prohibited an owner from collecting attorney fees even under the plain terms of a lease, arguing, also, attorney fees were unavailable as the action resulted from an administrative proceeding. The court ruled landlord’s claim for attorney fees was barred by the doctrine of laches, finding the delay of nearly two years in asserting the claim resulted in prejudice to Sun. Thus, it denied landlord’s motion.
