Cier Industries Co. v. Hessen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
The issue on this appeal is whether a landlord who prevails in a nonprimary residence holdover proceeding is entitled to recover legal expenses from a tenant under a standard broad lease provision which holds the tenant responsible for attorneys’ fees incurred by the landlord in legal proceedings precipitated by the tenant’s breach of the lease.
In the underlying action, the landlord, Cier Industries, was awarded a final judgment of possession against the tenant, Hessen, on the ground that the residence in question was not being used by the tenant as her primary…
2Cases cited12 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Sullivan v. Brevard AssociatesNew York Court of Appeals · 1985
- 8200 Realty Corp. v. LindsayNew York Court of Appeals · 1970
- 379 Madison Avenue Inc. v. Stuyvesant Co.Appellate Division of the Supreme Court of the State of New York · 1934
7 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Duell v. CondonNew York Court of Appeals · 1995
- Cox v. J.D. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- Solow Management Corp. v. TangerAppellate Division of the Supreme Court of the State of New York · 2005
- Briar Hill Apartments Co. v. TepermanAppellate Division of the Supreme Court of the State of New York · 1991
- Kumble v. Windsor Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1990
45 more not listed; retrieve them via the Exa API.