Legal Opinion
Jocar Realty Co. v. Galas
Civil Court of the City of New York
Decided March 5, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
If a nonpayment proceeding is dismissed without prejudice to a plenary action for recovery of rent arrears, is the tenant the “prevailing party” entitled to an award of attorneys’ fees? May the landlord disavow the lease’s attorney fee clause because of its small-type size?
Respondent moves for an order awarding him attorneys’ fees and setting the matter down for a hearing on the amount of fees to be awarded.
FACTS
In June 1997, petitioner commenced the underlying nonpayment proceeding seeking rent arrears from August 1995 through May 1997. On December…
2Cases cited10 opinions
- Duell v. CondonNew York Court of Appeals · 1995
- Nestor v. McDowellNew York Court of Appeals · 1993
- Solow v. WellnerNew York Court of Appeals · 1995
- Excelsior 57th Corp. v. WintersAppellate Division of the Supreme Court of the State of New York · 1996
- Solow v. WellnerAppellate Division of the Supreme Court of the State of New York · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- 640 Broadway Renaissance Co. v. RossiterAppellate Division of the Supreme Court of the State of New York · 1998
- Mickle v. Christie's, Inc.District Court, S.D. New York · 2002