This decision arose from a commercial lease dispute, involving a bar and restaurant. The landlord had served a “Thirty (30) Days Notice of Cancellation of Lease” (notice). The notice alleged that the tenant had engaged in unauthorized uses of the premises and had performed alterations without the landlord’s consent and without required NYC Dep’t of Buildings (DOB) permits. The notice specified that the lease would terminate if the defaults were not cured within 30 days. The court had previously granted the tenant a “Yellowstone” injunction.

Following a bench trial, the court awarded a judgment giving the tenant an opportunity to cure certain conditions at the premises. The tenant thereafter made the subject motion for “attorney fees… plus costs and disbursements, as the prevailing party in this action.” The landlord also moved for “an order finding that it is the prevailing party and awarding it reasonable,” professional and attorney fees.