PEACHY v. ROSENZWEIG

In this non-payment possessory proceeding, we find that the petitioner landlord has obtained the status of a "prevailing party" in the underlying litigation, based upon the fact that, after ten days of trial, during which the tenants interposed thirteen affirmative defenses, the landlord obtained judgment for nearly $62,000, including a possessory judgment, whereas, tenants were only successful on one affirmative defense for a breach of warranty and awarded approximately $4,800 (see, Solow v Wellner, 205 A.D.2d 339, 340-341, lv granted 207 A.D.2d 1045). We therefore remand for calculation of pre-judgment interest with respect to the possessory judgment of $22,236, pursuant to CPLR 5001 (a) (Delulio v 320-57 Corp., 99 A.D.2d 253, 254), and calculation of an appropriate award of petitioners' attorneys' fees.

Concur — Rosenberger, J.P., Ellerin, Rubin, Ross and Tom, JJ.