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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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The result reached by the majority enables tenant to recover attorneys’ fees by virtue of a determination in his favor. At the same time, there can be no doubt that the language of the lease would not have provided for a similar recovery by landlord if it had prevailed. Within the meaning of Duell, the mere possibility of landlord’s offset of reletting expenses can hardly be considered the “same benefit” as today’s outright award of attorneys’ fees to tenant. Today’s ruling makes for the mutuality of a “heads, I win; tails, you still don’t win” coin toss.