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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 2525

Citation
Section 2525
Parent Document
London Terrace Gardens v. Stevens, 159 Misc. 2d 542 (1993)
Jurisdiction
New York (state)
Effective Date
1993-09-15

Full Text

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The Appellate Term, First Department, has recognized that in a nonpayment proceeding involving rent-stabilized premises, "attorney’s fees may not be considered 'rent’ or be awarded as 'additional rent’ in order to enable [a] landlord to obtain a possessory judgment, and [that] a lease clause to that effect is unenforceable.” (Silber v Schwartzman, 150 Misc 2d 1, 3 [App Term, 1st Dept 1991]; see also, Classic Residences v Adams, NYLJ, Feb. 2, 1993, at 21, col 2 [App Term, 1st Dept]; Broadway Assocs. v Spahn, NYLJ, Apr. 3, 1990, at 26, col 1 [App Term, 1st Dept].) Tivoli v Wing (122 Misc 2d 901 [Civ Ct, Kings County 1984]) had earlier applied the same reasoning to collection expenses and late charges as well as to attorney’s fees.