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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)

Citation
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Parent Document
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Jurisdiction
New York (state)
Effective Date
1982-04-19

Other Sections in This Document (59)

Full Text

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In a related vein, this court does not believe that an allowance to the tenants of the interest payments has prolonged this litigation. Clearly, the tenants are using the money to pay attorneys’ fees — they do not appear to be personally enriched and are, no doubt, also anxious to see this matter resolved. Rather than encouraging the tenants to prolong the litigation, it would appear to this court that in this case the availability of the interest money has allowed the tenants to proceed. In light of recent developments awarding tenants attorneys’ fees when successful in breach of the warranty of habitability actions, this court sees no reason to upset the earlier disbursements of funds. (See Concord Vil. Mgt. Co. v Rubin, 101 Misc 2d 625, supra.)