245 Realty Associates v. Sussis

OPINION OF THE COURT

Order dated November 21, 1995 affirmed, with $10 costs.

Landlord’s holdover petition was dismissed after trial upon Civil Court’s finding that respondent Donald M. Sussis was entitled to succeed to the rent-stabilized tenancy of his deceased brother (Rent Stabilization Code [9 NYCRR] § 2523.5 [b] [1]). The lease to the decedent, as renewed, contained an enforceable attorneys’ fees provision. In reliance upon Matter of Duell v Condon (84 NY2d 773), respondent seeks to recover his attorneys’ fees pursuant to Real Property Law § 234 as the prevailing party in the eviction…