The rent history annexed to the moving papers asserted that there was $10,915.26 due in
maintenance arrears, $1300.00 due in late fees, $16,502.00 due in legal fees plus various [*11]assessments. The March 2008 Stipulation provided for the
payment of the $10,915.26 due in maintenance, as well as payment of $238.60 for an assessment.
Petitioner is the prevailing party in this proceeding, and as such is entitled to an award for
reasonable attorneys fees incurred herein. Paragraph 28 of the proprietary lease entitles
Petitioner to fees in this proceeding, and provides that the fees incurred shall be payable as
additional rent on demand. However, given that the March 2008 Stipulation clearly severed late
and legal fees for a plenary action, that stipulation is binding, and Petitioner may not now seek
attorneys fees and late fees in this proceeding, but must sue for them separately, as stipulated to
by the parties in the March 2008 Stipulation ( Hallock v. State of New York, 64 NY2d
224 [1984]; Matter of Stark 233 AD2d 450 [1996]).
REMAINING CHARGES SOUGHT BY PETITIONER
As of the date of the trial there were no arrears alleged due in base maintenance (exhibit 2).
Petitioner seeks $3226.18 as reimbursement for repairs done at the Subject Premises. The
proprietary lease (Exhibit 1) provides, in paragraph 28, that if Respondents default and Petitioner
incurs any expense in performing acts which Respondents were required to perform, that
expense shall be paid by Respondents as additional rent. Similarly, paragraph 19 of the
proprietary lease specifically addresses said defaults as it pertains to repairs inside the Subject
Premises and defines the sums expended as additional rent.Finally, pursuant to paragraph 18(a)