Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)

Citation: Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)
Parent Document: Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)
Jurisdiction: New York (state)
Effective Date: 2014-01-21
Original Source: https://www.courtlistener.com/opinion/6107762/graham-court-owners-corp-v-taylor/ ↗

Full Text

1,231 chars

Renwick, J.
This appeal concerns a tenant, respondent Kyle Taylor, who successfully defended a holdover proceeding commenced by petitioner, Graham Court Owner’s Corp., in which the landlord sought to recover the leasehold on the ground that the tenant breached the lease by making unauthorized alterations to the premises. After a nonjury trial, Civil Court dismissed the holdover proceeding and awarded the tenant attorneys’ fees pursuant to Real Property Law § 223-b, based upon a finding that this proceeding was retaliatory in nature. The Appellate Term, however, reversed the award of attorneys’ fees, but otherwise affirmed (34 Misc 3d 153[A], 2012 NY Slip Op 50324[U] [2012]). It also rejected the tenant’s alternative claim that he is entitled to attorneys’ fees pursuant to Real Property Law § 234. We disagree with that view, and modify the order of the Appellate Term, taking this opportunity to examine and rec*52oncile an apparent conflict within this Department with respect to whether a similarly worded lease provision, which permits a landlord to recover attorneys’ fees for re-renting an apartment after prevailing in a holdover proceeding, is adequate to invoke the reciprocal mandate of Real Property Law § 234.

Other Sections in This Document (61)

Full Text