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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 withdrawal of the landlord’s request for attorney’s fees at trial will not defeat the tenant’s statutory right to such fees. If this right could be defeated in that manner, the right to recover such fees would be left to the option of the landlord and the legislative intent of the provision would *769be frustrated. Finally, that approach would deny the tenant the bargain which was made and would “impose an unexpected liability that, if known, might have induced those burdened with [such a clause] to avoid it”. (Cox v First Nat. Realty & Constr. Corp., supra, p 535.)