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/6107758/graham-court-owners-corp-v-taylor/ ↗

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Our interpretation of the remedial scheme of paragraph 15, as triggering the reciprocal mandate of section 234, is supported by our holding in Bunny Realty v Miller (180 AD2d 460 [1st Dept 1992]). In that case, this Court held that Real Property Law § 234 applied to a lease provision establishing, like here, that upon the cancellation of the lease, any new rent received by the landlord after re-renting the apartment “shall be used first to pay Landlord’s expenses,” including “reasonable legal fees” {id. at 462). In Bunny Realty, the landlord initiated a nonpayment proceeding after the tenant began withholding rent in an attempt to force the landlord to perform mandated services. After a nonjury trial, Civil Court held in favor of the tenant and awarded abatement of rent and attorneys’ fees. The relevant portion of the lease provision at issue was as follows:

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