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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More importantly, to the extent Madison-68 relies exclusively upon the aforementioned dicta in Oxford Towers, this Court’s *61holding in Madison-68 has limited precedential value. Indeed, more recently, in Katz Park Ave. Corp. v dagger (98 AD3d 921 [1st Dept 2012]), this Court, in granting attorneys’ fees to a landlord, distinguished Oxford Towers on the ground that, “[i]n that case, we denied attorneys’ fees where the agreement was not a lease and the landlord sought rescission of that agreement” (id. at 921-922). Moreover, in support, this Court in Katz Park Ave. cited approvingly to Casamento, which, as explained above, rejects the dicta in Oxford Towers upon which Madison-68 relies (id.).

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