Legal Opinion

East Eleventh Street Associates v. Breslow

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

Decided December 10, 1998PublishedCited by 7 opinions

1Opinion of the Court

—Order, Appellate Term of the Supreme Court, First Department (Freedman and Davis, JJ.; McCooe, J. P., dissenting), entered October 20, 1997, which affirmed an order of the Civil Court, New York County (Howard Malatzky, J.), entered July 10, 1996, in a nonpayment summary proceeding, denying petitioner landlord’s motion for attorney’s fees and sanctions, unanimously affirmed, without costs.

We agree with the Civil Court and the majority at the Appellate Term (174 Misc 2d 994) that the attorney’s fee provision in the renewal lease runs afoul of the requirement that renewal leases be “on the same…

2Cases cited2 opinions

  1. Courtney-Clarke v. Rizzoli International Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. East Eleventh Street Associates v. BreslowAppellate Terms of the Supreme Court of New York · 1997

3Cited by7 opinions

  1. Nestor v. BrittAppellate Division of the Supreme Court of the State of New York · 2000
  2. 218 East 85th Street, LLC v. Division of Housing & Community RenewalNew York Supreme Court · 2009
  3. 501 East 87th St. Realty Co. v. Ole Pa Enterprises Inc.New York Supreme Court · 2002
  4. Cadillac Leasing L.P. v. Demoyano, Civil Court Of The City Of New York, Queens County2025
  5. Cadillac Leasing L.P. v. Demoyano, Civil Court Of The City Of New York, Queens County2025

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