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 dissent, however, argues that Real Property Law § 234 is inapplicable because the “language [‘attorneys’ fees’ as subsumed in the term ‘Landlord’s expenses’] merely provides for an offset of rents collected in the event of a reletting.” We reject the dissent’s suggestion that the attorneys’ fees scheme falls outside the ambit of Real Property Law § 234 because the landlord can only recover the attorneys’ fees indirectly through re-renting. We find such limitations of the award of attorneys’ fees of no moment as to whether the clause triggers the reciprocal mandate of Real Property Law § 234.

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