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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In short, “while judicial interpretation of similarly worded lease provisions has a long and variegated history” (354 E. 66th St. Realty Corp. v Curry, 40 Misc 3d 20, 22 [App Term, 1st Dept 2013], citing Casamento v Juaregui, 88 AD3d at 362), we now hold explicitly what was implicit in Katz Park Ave. That is, we concur with the Second Department in holding that the type of lease clause at issue here is sufficient “to trigger the implied covenant in the tenant’s favor pursuant to [Real Property Law §] 234” (Casamento, 88 AD3d at 362). In view of this determination, we see no need to address the tenant’s alternative contention that he is entitled to an award of attorneys’ fees pursuant to Real Property Law § 223-b.

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