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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The landlord appealed to the Appellate Term insofar as Civil Court dismissed the proceeding and awarded attorneys’ fees to the tenant under Real Property Law § 223-b (5). The tenant cross-appealed from that portion of the order dismissing his claims for attorneys’ fees pursuant to Real Property Law § 234 and compensatory damages for “mental anguish” and other emotional injuries pursuant to Real Property Law § 223-b (5). The Appellate Term modified the order of Civil Court to the extent of denying the tenant attorneys’ fees under Real Property Law § 223-b, and otherwise affirmed. The Appellate Term found that the landlord was estopped from enforcing the “no alterations provision” of the lease, based upon the tenant’s persuasive showing that the landlord’s authorized agents expressly consented to the electrical work and the evidence that the landlord, in connection with prior proceedings before DHCR, falsely asserted that its own contractors had effectuated the electrical work. The court added, “We note that the above-cited provision does not meet the requirement that a statute expressly authorize an award of attorneys’ fees.” Finally, the court found that the arguments raised by the tenant in his cross appeal were lacking in merit. This Court granted leave to the tenant, who appeals solely from the denial of attorneys’ fees.

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