Opinion
June 20, 1991
Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).
The proprietary tenant and shareholder in this Cooperative residential apartment house was a long-standing tenant before the building converted to Cooperative ownership. The extent to which she was allowed to keep trees and large potted plants outside her apartment, and the extent to which the building took access through her apartment to the adjacent lower roof area, were matters for the trial court to resolve. Adoption of the arguments for alternative conclusions offered on the appeal and cross-appeal would require this Court to reject findings of fact and credibility by the IAS court on the ground that they could not be reached under any fair interpretation of the evidence (see, Claridge Gardens v Menotti, 160 A.D.2d 544), and to substitute our own judgment for that of the Cooperative Board of Directors on a finding that they did not act within the scope of their authority or in good faith (see, Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530). The record presents no basis to reach either such conclusion.
The IAS court correctly awarded the proprietary tenant counsel fees only to the limited extent to which she prevailed, and correctly declined to award the Cooperative Corporation attorney fees on the conclusion that there was no substantial violation of the proprietary lease. Attorney fees pursuant to Real Property Law § 234 are appropriate only to the extent that a party prevails.
We have considered the remaining contentions on the appeal and cross-appeal, and find them to be without merit.
Concur — Murphy, P.J., Carro, Ellerin and Asch, JJ.