Legal Opinion
Hamilton v. Menalon Realty, LLC
Appellate Terms of the Supreme Court of New York
Decided November 17, 2006PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed without costs.
Upon prevailing in this Housing Part (HP) proceeding to compel the correction of violations in their apartment, tenants sought an award of attorney’s fees pursuant to Real Property Law § 234. The court below denied their application on the ground that tenants were relying on the terms of a lease with a prior landlord. However, since the subject apartment is rent stabilized and since both sides considered themselves bound by the provisions of this lease, it was error for the court to deny tenants’ application for attorney’s fees on…
2Cases cited12 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Gottlieb v. Kenneth D. Laub & Co.New York Court of Appeals · 1993
- Cier Industries Co. v. HessenAppellate Division of the Supreme Court of the State of New York · 1988
- Solow Management Corp. v. TangerAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by1 opinion
- Casamento v. JuareguiAppellate Division of the Supreme Court of the State of New York · 2011