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QUEENS FRESH MEADOWS, LLC v. NEWBERRY

2012-2488 Q C. QUEENS FRESH MEADOWS, LLC v. NEWBERRY — Appeal, on the ground of inadequacy, from an amended judgment of the Civil Court of the City of New York, Queens County, entered March 22, 2012. The amended judgment awarded appellant attorney's fees in the sum of $200 in a licensee summary proceeding. Determination of the appeal from the amended judgment necessarily entails a determination of the issue of whether a family member who succeeds to a rent-stabilized tenancy is entitled to attorney's fees pursuant to Real Property Law §234 (see and compare 245 Realty Assoc. v. Sussis, 170 Misc 2d 901 [App Term, 1st Dept 1996], revd 243 AD2d 29 [1998]), an issue which the parties have not addressed in their briefs.

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2012-2488 Q C. QUEENS FRESH MEADOWS, LLC v. NEWBERRY — Appeal, on the ground of inadequacy, from an amended judgment of the Civil Court of the City of New York, Queens County, entered March 22, 2012. The amended judgment awarded appellant attorney’s fees in the sum of $200 in a licensee summary proceeding. Determination of the appeal from the amended judgment necessarily entails a determination of the issue of whether a family member who succeeds to a rent-stabilized tenancy is entitled to attorney’s fees pursuant to Real Property Law §234 (see and compare 245 Realty Assoc. v. Sussis, 170 Misc 2d 901 [App Term, 1st Dept 1996], revd 243 AD2d 29 [1998]), an issue which the parties have not addressed in their briefs.

Now, on the court’s own motion, it is

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