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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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It should be clear that this decision relates only to three-day notices in cases involving rent-stabilized or rent-controlled premises. Even in these cases, petitioner may include a claim for an award of attorney’s fees pursuant to Real Property Law § 234, and a claim for costs pursuant to CCA 1906-a in the body of the nonpayment petition, to be determined at the conclusion of the proceeding. Without deciding whether petitioner has a right to collect late charges in these cases (see, Maplewood Mgt. v Jackson, 113 Misc 2d 142 [Nassau Dist Ct 1982]; Spring Val. Gardens Assocs. v Earle, 112 Misc 2d 786 [Rockland County Ct 1982]), the court notes that petitioner could likewise include a claim for late charges in the petition, which like the claim for attorney’s fees and costs, could support the entry of a money judgment only.