Trian Realty LLC v Ayorinde (2007 NY Slip Op 52135(U))
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Trian Realty LLC v Ayorinde
2007 NY Slip Op 52135(U) [17 Misc 3d 1124(A)]
Decided on November 1, 2007
Civil Court Of The City Of New York, Kings County
Ash, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected in part through November 19, 2007; it
will not be published in the printed Official Reports.
Decided on November 1, 2007
Civil Court of the City of New York, Kings County
Trian Realty LLC,
Petitioner,
against
Akin Ayorinde, et al., Respondents,
94957/06
Sylvia G. Ash, J.
In this summary holdover proceeding, Petitioner moves for attorney fees.
On October 16, 2006, the parties entered into a stipulation for a "Vacate Date" of
April 30, 2007. On April 25, 2007, the parties entered into an Amended Stipulation
which extended the vacate date to April 30, 2010. On September 4, 2007, Petitioner served upon
Respondent a Notice of Default for failure to pay rent for August and September, 2007 which set
a cure date by September 9, 2007. On September 5, 2007, Petitioner accepted a check subject to
collection for the rental arrears. On September 6, 2007, Respondent was served a Notice of
Eviction by the Marshall. On September 10, 2007, Respondent filed an Order to Show Cause to
enjoin the Petitioner from evicting the Respondent with a return date of September 25, 2007. On
September 20, 2007, Petitioner s Counsel faxed to Respondent's Counsel a Stipulation
withdrawing the Show Cause and Notice of Eviction.
On September 25, 2007, the attorneys for the parties appeared in Court, however Respondent
did not personally appear in Court, as a result, the matter was adjourned to October 9, 2007, for