Legal Opinion

East Eleventh Street Associates v. Breslow

Appellate Terms of the Supreme Court of New York

Decided October 17, 1997PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order entered July 10, 1996 affirmed, with $10 costs.

Having prevailed on the merits of the underlying nonpayment proceeding, the petitioner landlord seeks recovery of attorney’s fees on the basis of an attorney’s fee provision which, while appearing (inconspicuously at paragraph 20 on the fourth of five pages) in the parties’ 1985 stabilized renewal lease, was undisputedly absent from the parties’ initial 1982 stabilized lease. We agree with Civil Court that the landlord’s inclusion in the renewal lease of a new provision purporting to authorize its recovery of attorney’s…

3Cases cited3 opinions

  1. Cier Industries Co. v. HessenAppellate Division of the Supreme Court of the State of New York · 1988
  2. David v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1983
  3. Mehlman Management Corp. v. MeyersAppellate Division of the Supreme Court of the State of New York · 1976

4Cited by4 opinions

  1. East Eleventh Street Associates v. BreslowAppellate Division of the Supreme Court of the State of New York · 1998
  2. Semans Family Ltd. Partnership v. KennedyCivil Court of the City of New York · 1998
  3. 218 East 85th Street, LLC v. Division of Housing & Community RenewalNew York Supreme Court · 2009
  4. 501 East 87th St. Realty Co. v. Ole Pa Enterprises Inc.New York Supreme Court · 2002

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