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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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DeGrasse, J.
(dissenting). “Legislative enactments in derogation of common law, and especially those creating liability where none previously existed, must be strictly construed” (Vucetovic v Epsom Downs, Inc., 10 NY3d 517, 521 [2008]). On the basis of this bedrock principle of statutory construction, I dissent because, in my view, the lease that is before this Court provides no predicate for the reciprocal attorneys’ fees provision under Real Property Law § 234.