Legal Opinion
Scotia Associates v. Bond
Civil Court of the City of New York
Decided January 14, 1985PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The legal issues presented here are (i) whether legal fees have been “incurred” so as to enable a tenant, who succeeded in having a summary proceeding instituted against her dismissed, to recover counsel fees under Real Property Law § 234 when the tenant’s attorney undertook the case without expectation of obtaining compensation from the tenant, and (ii) whether such fees may be recovered when the dismissal was on procedural grounds.
FACTS
This proceeding was instituted to recover possession of a rent-controlled apartment based on an alleged illegal…
2Cases cited21 opinions
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- Ceglia v. SchweikerDistrict Court, E.D. New York · 1983
- Jordan v. FreemanAppellate Division of the Supreme Court of the State of New York · 1972
- Watkins v. HarrisDistrict Court, E.D. Pennsylvania · 1983
- Elkins v. Cinera Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by6 opinions
- Entertainment Partners Group, Inc. v. DavisNew York Supreme Court · 1992
- 119 Fifth Avenue Corp. v. BerkhoutCivil Court of the City of New York · 1987
- Greco v. GSL Enterprises, Inc.Civil Court of the City of New York · 1987
- 313 West 100th Street Tenants Ass'n v. Kepasi Realty Corp.Civil Court of the City of New York · 1988
- 111 on 11 Realty Corp. v. NortonCivil Court of the City of New York · 2002
1 more not listed; retrieve them via the Exa API.