Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)

Citation: Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
Parent Document: Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
Jurisdiction: New York (state)
Effective Date: 2015-02-19
Original Source: https://www.courtlistener.com/opinion/2780292/graham-court-owners-corp-v-kyle-taylor/ ↗

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permits the landlord to recover fees that result from the
tenant's breach, and therefore serves as the basis for the
tenant's statutorily implied rights to attorneys' fees.    Here, we
agree with the Appellate Division that Real Property Law § 234
applies to the parties' lease and that the tenant is entitled to
attorneys' fees as the prevailing party in this summary holdover
proceeding.
                                I.
           The parties' current dispute arose from a holdover
proceeding commenced by the landlord, appellant Graham Court,
against tenant, respondent Kyle Taylor.   The apparent basis for
the holdover proceeding can be traced back to the tenant's
successful rent overcharge complaint filed with the New York
State Division of Housing and Community Rental (DHCR).    There,
the landlord denied the overcharge, contending that the apartment
was properly deregulated under the law, based on various
renovations allegedly conducted by the landlord.   Tenant, in
turn, asserted that it was he who had performed electrical
upgrade work on the premises for which the landlord sought to
take credit.   DHCR eventually found that the landlord
misrepresented the facts, and concluded that the apartment was
subject to regulation, and the landlord had overcharged the
tenant.   By way of relief, DHCR ordered a rent reduction and
repayment for the overcharges, and awarded the tenant treble
damages in accordance with the Administrative Code of the City of

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