Legal Opinion
313 West 100th Street Tenants Ass'n v. Kepasi Realty Corp.
Civil Court of the City of New York
Decided March 24, 1988PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
The enactment of Real Property Law § 234 in 1966 (L 1966, *58ch 286) engendered a substantial change in New York law. The legislation created an unusual hybrid — a contract right to recover attorneys’ fees is implied by statute. The law provides: "Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys’ fees and/or expenses incurred as the result of the failure of the tenant to perform any covenant or agreement contained in such lease * * * there shall be implied in such lease a…
2Cases cited18 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- New York Gaslight Club, Inc. v. CareySupreme Court of the United States · 1980
- Washington v. Seattle School District No. 1Supreme Court of the United States · 1982
- Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Senfeld v. I.S.T.A. HoldIng Co.Appellate Division of the Supreme Court of the State of New York · 1997
- 111 on 11 Realty Corp. v. NortonCivil Court of the City of New York · 2002