College Properties, Inc. v. Bruce

I dissent and would dismiss tenant’s cause of action for attorney’s fees.

Cox v First Nat. Realty & Constr. Corp. (50 AD2d 535) is controlling and, contrary to what is stated in the majority opinion, is indistinguishable from the case at bar.

The Cox case clearly holds that section 234 of the Real Property Law is to be given prospective application only, i.e., to apply to leases executed after its effective date, July 1, 1966. Obviously if the tenant’s 1962 lease were still in effect, the rule in Cox would bar the applicability of section 234 to the instant case. That the law projects the…