Legal Opinion
McMahon v. Schwartz
Civil Court of the City of New York
Decided April 17, 1981PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
This action raises issues as to (1) whether a tenant who successfully defended two holdover proceedings, both of which were dismissed on procedural grounds without a determination on the merits, but whose eviction is still being sought in a pending nonpayment proceeding, may recover an attorney’s fee under the implied covenant of section 234 of the Real Property Law, and if so, (2) may *81such a fee be payable to the tenant who is an attorney and represented himself.
FACTS
Defendants instituted two holdover proceedings against plaintiff claiming that the…
2Cases cited8 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Winer v. Jonal CorporationMontana Supreme Court · 1976
- Weaver v. LaubSupreme Court of Oklahoma · 1977
- Elkins v. Cinera Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. BatchelorUtah Supreme Court · 1992
- Nesbitt v. New York City Conciliation & Appeals BoardNew York Supreme Court · 1983
- Maplewood Management, Inc. v. BestAppellate Division of the Supreme Court of the State of New York · 1988
- Quick & Reilly, Inc. v. PerlinDistrict Court of Appeal of Florida · 1982
- Entertainment Partners Group, Inc. v. DavisNew York Supreme Court · 1992
7 more not listed; retrieve them via the Exa API.