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
Other Sections in This Document (34)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
- Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)
Full Text
1,389 charsright to attorneys' fees if the lease provided for landlord's
fees incurred in an action for the tenant's breach, and that the
parties' lease lacked such a provision.
Civil Court dismissed the proceeding, finding the
tenant had not breached the lease because the landlord's agents
authorized the tenant's electrical work. Moreover, the court
concluded the landlord's principal lied repeatedly during the
course of the nonjury trial, and the proceeding was commenced in
retaliation for the tenant's successful DHCR rent overcharge
claim. Thus, the court awarded the tenant attorneys' fees as
part of the damages for the retaliatory eviction under Real
Property Law § 223-b (5), but denied fees under section 234.
Both parties thereafter appealed. Appellate Term modified,
denying the tenant attorneys' fees under Real Property Law §
223-b, and otherwise affirmed.
In a split decision, the Appellate Division modified,
on the law, by granting the tenant's claim for attorneys' fees
pursuant to Real Property Law § 234 and remanding for a hearing
on the fee amount, and otherwise affirmed (Graham Ct. Owner's
Corp. v Taylor, 115 AD3d 50 [1st Dept 2014]).1 The court
concluded that the lease provides that in any action or summary
proceeding the landlord may recover attorneys' fees incurred as a
result of the tenant's failure to perform a covenant or agreement