245 Realty Associates v. Sussis

Andrias, J. (dissenting).

I dissent and would affirm.

Respondent’s successful defense of his right, as a successor *37family member, to be named as the tenant on a renewal lease for the subject rent-stabilized apartment does not entitle him to recover attorneys’ fees under Real Property Law § 234. Respondent’s right to be offered a renewal lease for the apartment derives from the Rent Stabilization Code (9 NYCRR 2523.5 [b] [1]), not the terms of the expired lease, and, as the unanimous Appellate Term explained, respondent did not become a “tenant”, as defined by the Code (9 NYCRR 2520.6 [d]),…