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67-15 102ND STREET, L.L.C., res, v. WHITMANGROSS, ten-app, HAIMSON, und-app, AND “JOHN DOE” AND “JANE DOE,” und

2012-365 Q C. 67-15 102ND STREET, L.L.C., res, v. WHITMANGROSS, ten-app, HAIMSON, und-app, AND "JOHN DOE" AND "JANE DOE," und — Appeal from an order of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), dated February 15, 2011, deemed from a judgment of the same court entered February 15, 2011 (see CPLR 5512 [a]). The judgment, entered pursuant to the order dated February 15, 2011 granting landlord's motion for an award of attorney's fees, awarded landlord attorney's fees in the principal sum of $9,175 as against tenant Eva Whitman-Gross and undertenant Mark Haimson.

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2012-365 Q C. 67-15 102ND STREET, L.L.C., res, v. WHITMANGROSS, ten-app, HAIMSON, und-app, AND “JOHN DOE” AND “JANE DOE,” und — Appeal from an order of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), dated February 15, 2011, deemed from a judgment of the same court entered February 15, 2011 (see CPLR 5512 [a]). The judgment, entered pursuant to the order dated February 15, 2011 granting landlord’s motion for an award of attorney’s fees, awarded landlord attorney’s fees in the principal sum of $9,175 as against tenant Eva Whitman-Gross and undertenant Mark Haimson.

ORDERED that the judgment is modified by striking the award of attorney’s fees as against undertenant Mark Haimson, and so much of the order dated February 15, 2011 as granted the branch of landlord’s motion seeking attorney’s fees against Mark Haimson is vacated and that branch of the motion is denied; as so modified, the judgment is affirmed, without costs.

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