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
1,610 charsaction or summary proceeding, to recover attorneys' fees as a
result of the tenant's breach. Where a lease so provides, the
court must interpret the lease to similarly permit the tenant to
seek fees incurred as a result of the landlord's breach or the
tenant's successful defense of a proceeding by the landlord.
Here, we hold that paragraph 15 provides the basis for the
tenant's claim for reciprocal rights to attorneys' fees within
the meaning of Real Property Law § 234.
Paragraph 15 of the lease, titled "Tenant's default",
sets forth the landlord's remedies and the tenant's liabilities
upon the tenant's failure to comply with a term or rule in the
lease. According to this paragraph, where a properly notified
tenant fails to cure a default the landlord may cancel the lease
and retake possession of the premises, if necessary, by way of an
eviction proceeding or other lawsuit. Upon cancellation of the
lease and the landlord's repossession of the premises the tenant
is liable for rent for the unexpired term. The landlord's rights
to attorneys' fees are set forth in clause D. (3) of this
paragraph, which states, in part,
"D. If this Lease is cancelled, or Landlord
takes back the Apartment, the following takes
place:
. . . .
"(3) Any rent received by Landlord for the
re-renting shall be used first to pay
Landlord's expenses and second to pay any
amounts Tenant owes under this Lease.
Landlord's expenses include the costs of
getting possession and re-renting the