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/ ↗

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In a July 2010 order, Civil Court dismissed the holdover proceeding. The court found that since the landlord’s agents had specifically authorized the tenant to make the alterations, he had not breached the lease by making those alterations. The court found the tenant’s testimony in this regard credible, and it disregarded as “entirely incredible” the testimony of Frankel, who “lied repeatedly and obviously” at trial. The court further *55found that the landlord had commenced the instant proceeding in retaliation for the tenant’s successful rent overcharge claim. Finally, the court found that, “[although [the landlord] correctly points out that the attorneys’ fee clause in the lease between these parties is not enforceable under current case law, [the tenant] is entitled to collect his attorneys’ fees as part of his damages for retaliatory eviction.”

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