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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 Second Department’s analysis of paragraph 16 of the lease in Casamento is consistent with our analysis of the similar paragraph (paragraph 15) of the lease at issue in this case, as explained above. Furthermore, we concur with the Second Department’s conclusion: “To deny the tenant’s motion pursuant to [Real Property Law §] 234 simply because paragraph [15] does not include a more direct method for the landlord’s recovery of his attorney’s fee would only reward ‘artful draftsmanship’ and undermine the salutary purpose of section 234” (id. at 357, quoting Bunny Realty, 180 AD2d at 463).