Legal Opinion

245 Realty Associates v. Sussis

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1998PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.

The issue presented is whether the successor-in-interest of a rent-stabilized apartment is entitled to attorneys’ fees as the successful party in a holdover proceeding, pursuant to a clause in the lease conferring such a right on the tenant of record as well as successors-in-interest.

The deceased Arthur Sussis was the rent-stabilized tenant of apartment 9A at 105 West 73rd Street in Manhattan from December 1983 to February 1993, the time of his death. The last renewal lease expired on December 31, 1993. Respondent Donald Sussis, decedent’s brother, had been the…

2Cases cited4 opinions

  1. Duell v. CondonNew York Court of Appeals · 1995
  2. Festa v. LeshenAppellate Division of the Supreme Court of the State of New York · 1989
  3. Wells v. East 10th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
  4. Classic Properties v. MartinezAppellate Terms of the Supreme Court of New York · 1997

3Cited by31 opinions

  1. South Pierre Associates v. MankowitzAppellate Terms of the Supreme Court of New York · 2007
  2. 615 Nostrand Avenue Corp. v. RoachAppellate Terms of the Supreme Court of New York · 2006
  3. Glass v. GlassAppellate Division of the Supreme Court of the State of New York · 2006
  4. Matter of 251 CPW Hous. LLC v. PastreichAppellate Division of the Supreme Court of the State of New York · 2015
  5. Strand Hill Associates v. GassenbauerAppellate Terms of the Supreme Court of New York · 2013

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