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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meaning to the definition of tenants and the types of landlord
actions covered under the statute, and applying the statute
retroactively to preexisting leases to extend the reach of the
statute.
           Of particular relevance to the parties' dispute in this
appeal, the Court in Duell rejected a challenge analogous in kind
to that asserted by the landlord herein.   In Duell, the landlord
argued that the underlying eviction proceeding fell outside the
scope of Real Property Law § 234 because the proceeding was based
on the tenant's failure to occupy the premises as a primary
residence, a requirement mandated by law, not by the terms of the
lease.   The Court found that violation of the statutory residency
requirement terminated the tenancy, and obligated the tenant,
pursuant to a covenant in the lease, to quit and surrender the
premises (Duell, 84 NY2d at 782).   Since the tenant's failure to
quit resulted in the landlord's proceeding to evict, the Court
concluded that the eviction proceeding constituted litigation
arising out of the lease, within the meaning of Real Property Law
§ 234 (id.).   Similarly, here, the provisions of paragraph 15
permit the landlord to cancel and relet based on the tenant's
default, and provide the nexus between the specific authorization
for the landlord's recovery of attorneys' fees by re-renting and
the tenant's breach.
           Our interpretation of paragraph 15, and clause D. (3)
in particular, furthers the legislative purposes that favor the

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