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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Walentas v. Johnes, 257 A.D.2d 352 (1999)

Citation
Walentas v. Johnes, 257 A.D.2d 352 (1999)
Parent Document
Walentas v. Johnes, 257 A.D.2d 352 (1999)
Jurisdiction
New York (state)
Effective Date
1999-01-05

Full Text

438 chars
In view of plaintiff’s recovery of rent arrears and our dismissal of those counterclaims sounding in tort, the award of attorney’s fees to defendant cannot stand. Real Property Law § 234 affords the tenant a reciprocal right to attorney’s fees where the lease contains a provision entitling the landlord to their recovery. However, to support such an award, the judgment must be substantially favorable to the tenant (Lynch v Leibman, 177