Dowling v. Yamashiro

OPINION OF THE COURT

Karla Moskowitz, J.

In this small claims action, claimant seeks reimbursement for attorney’s fees he incurred defending himself in a holdover proceeding (L&T No. 105469). His action is predicated on section 234 of the Real Property Law.

Defendant alleges that: claimant cannot bring a separate action for attorney’s fees because claimant did not request them in his answer and the landlord would be barred (930 Fifth Corp. v King, 42 NY2d 886); that until the matter is finally adjudicated, it is inappropriate to allow attorney’s fees; and that claimant has failed to show that…