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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Here, the landlord makes no attempt to distinguish Bunny Realty and Casamento. Instead, the landlord contends that two recent decisions from this Court (i.e. Oxford Towers Co., LLC v Wagner, 58 AD3d 422 [1st Dept 2009], and Madison-68 Corp. v Malpass, 65 AD3d 445 [1st Dept 2009]), overruled Bunny Realty. Neither case, however, cites Bunny Realty. More importantly, Oxford Towers, which denied a tenant an award of attorneys’ fees, is distinguishable. As this Court noted in Oxford Towers, “the action arises out of the 1995 agreement, not the lease” and, the tenants incurred the attorney’s fee in their successful defense of the landlord’s cause of action to rescind the 1995 agreement (Oxford Towers, 58 AD3d at 423). Thus, the attorneys’ fees provision was not triggered by a breach of the lease. Under the circumstances, as pointed out by the Second Department in Casamento, the statement in Oxford Towers that the lease provision at issue was

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