rent through October 2007. The warrant of eviction may issue forthwith. Execution stayed for
five days.
Both petitioner and respondent seek reimbursement for their reasonable attorney fees and
costs under Article 28 of the proprietary lease, but only petitioner is the prevailing party entitled
to attorney fees and costs. Neither side prevailed on the issue of the escrow funds: Petitioner may
not compel respondents to replenish the escrow fund, and respondents may not obtain the return
of funds already withdrawn. The prevailing party is determined, therefore, on the issue over
which the parties spent more than 95% of their litigation: that petitioner obtained a judgment for
all the rent it sought and that petitioner defeated respondents' defense and counterclaim for a rent
abatement. This proceeding is adjourned for an attorney-fee hearing to Tuesday, November 27,
2007, at 2:00 p.m. By November 23, 2007, petitioner shall serve on respondents billing records
for any legal-fee amount for which it seeks reimbursement.
Petitioner's application to adjourn for a hearing to ascertain whether to impose costs on
respondents for their nonappearance in January 2007 is denied as academic in light of the court's
determination that petitioner is entitled to reasonable attorney fees and costs for the entire
proceeding.
This opinion is the court's decision and order.
Dated: October 31, 2007
J.H.C.