Nestor v. McDowell, 81 NY2d 410, involved tenants' installation of a washing machine without the consent of the landlord, in violation of the lease, the Court of Appeals held that the statutory remedy afforded under RPAPL 753 (4) to summary proceedings commenced in the Civil Court, was applicable to ejectment actions instituted in the Supreme Court. Significantly, in Nestor, the Court of Appeals upheld the denial of attorney's fees to plaintiff landlord "inasmuch as plaintiff has not prevailed with respect to the central relief sought, that is, a possessory judgment" (supra at 416).