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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)

Citation
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Parent Document
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Jurisdiction
New York (state)
Effective Date
1980-12-08

Other Sections in This Document (26)

Full Text

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The tenant has requested attorney’s fees pursuant to section 234 of the Real Property Law, which has been characterized as providing “that if a lease affords recovery of attorney’s fees to the landlord, then a like covenant in favor of the tenant shall be implied”. (Cox v First Nat. Realty & Constr. Corp., 50 AD2d 535.) In this case, both leases provide for a recovery of such fees by the landlord in a proceeding of this nature. (Cf. Steinberg v Carreras, 74 Misc 2d 32, revd on other grounds 77 Misc 2d 774.) In this case, the tenant has been successful on two counterclaims and is entitled to an award of attorney’s fees even if there will be a partial judgment of rent due and owing the landlord. (Concord Vil. Mgt. Co. v Rubin, 101 Misc 2d 625.)