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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (61)

Full Text

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The overriding purpose of the statute is to provide a level playing field between landlords and tenants, by creating a mutual obligation that is an incentive to resolve disputes quickly and without undue expense (Matter of Duell v Condon, 84 NY2d 773, 780 [1995]). As a remedial statute, Real Property Law § 234 should be accorded its broadest protective meaning consistent with legislative intent (see Marsh v 300 W. 106th St. Corp., 95 AD3d 560 [1st Dept 2012]; 245 Realty Assoc. v Sussis, 243 AD2d 29 [1st Dept 1998]). The outcome of any claim pursuant to Real Property Law § 234 depends upon an analysis of the specific language of the lease provision at issue in each case to discern its meaning and import (see Matter of Casamento v Juaregui, 88 AD3d 345, 346 [2d Dept 2011]).