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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We interpret the remedial scheme of paragraph 15 to permit the landlord, in the event of a lease default by the tenant, to cancel the lease and regain possession of the premises via the means of a summary holdover proceeding, and then recoup the attorneys’ fee incurred in the litigation by re-renting the premises. Any new rent received by the landlord after re-renting the apartment would be used first to pay the “Landlord’s expenses,” including “reasonable legal fees.” Paragraph 15, thus, literally fits within the language of Real Property Law § 234, since it does “provide that in any action or summary proceeding the landlord may recover attorneys’ fees and/or expenses incurred as the result of the failure of the tenant to perform any covenant or agreement contained in such lease” (see Smith v IG Second Generation Partners, L.P., 27 AD3d 265 [1st Dept 2006]).

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