their apartment for the identical conditions. These inspections took place on: January 21, 2006,
in the 1st HP Proceeding; and May 25, 2006 in the 2nd HP Proceeding; August 14, 2006 in the
3rd HP proceeding; and finally on March 1, 2007 in this proceeding. Not a single one of those
inspections found a violation for mold, and all violations found were admittedly corrected by
Petitioner before the trial herein.
Given the foregoing, the Court dismisses any request by Respondents for an order to correct
as being barred by res judicata and not supported by the preponderance of credible
evidence at the trial herein.
WHAT IF ANY ATTORNEYS FEES & LATE CHARGES IS
PETITIONERENTITLED TO IN THIS PROCEEDING?
The March 2007 Stipulation addresses the claim for attorneys fees and late charges and
provides that late charges of $1000.00 and attorneys fees of $12,585.00 due through March 2007
were withdrawn, conditioned on Respondents' compliance with the payments required in that
stipulation. The stipulation further provided that in the event Respondents defaulted on payment
or the Supreme Court Action ended Petitioner could restore this case to the calendar to seek a
judgment for any sums that remain unpaid.
The March 2008 Stipulation provides "Late/legal fees severed for plenary proceeding." The
stipulation does not further detail which late/legal fees are intended to be severed, and provides
that all other terms of the March 2007 Stipulation shall remain in effect. The motion that was
settled by the March 2008 stipulation sought a judgment in the amount of $6,223.49 alleged to
represent "unpaid maintenance, rent and additional rent due pursuant to the Proprietary Lease...".
The motion also sought an award of reasonable attorneys' fees incurred in this proceeding.