Legal Opinion

354 East 66th Street Realty Corp. v. Curry

Appellate Terms of the Supreme Court of New York

Decided April 12, 2013PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated December 6, 2010, affirmed, without costs.

Having prevailed on his succession defense in the within October 2008 licensee holdover proceeding, the first-named respondent is entitled to recover attorneys’ fees pursuant to the initial stabilized lease agreement and the reciprocal provisions of Real Property Law § 234. The relevant attorneys’ fee clause, found in paragraph 7 of the 1972 lease agreement between the predecessor building owner and the record tenant (respondent’s mother), was expressly made applicable, together with the remaining lease provisions, to…

3Cases cited4 opinions

  1. 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998
  2. Elkins v. Cinera Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Casamento v. JuareguiAppellate Division of the Supreme Court of the State of New York · 2011
  4. O'Connell v. 1205-15 First Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006

4Cited by5 opinions

  1. Queens Fresh Meadows, LLC v. NewberryAppellate Terms of the Supreme Court of New York · 2014
  2. 375 NY HDFC v. JonesAppellate Terms of the Supreme Court of New York · 2016
  3. 530 Second Ave. Co., LLC v. ZenkerAppellate Terms of the Supreme Court of New York · 2020
  4. Graham Court Owner's Corp. v. TaylorAppellate Division of the Supreme Court of the State of New York · 2014
  5. Graham Court Owner's Corp. v. TaylorAppellate Division of the Supreme Court of the State of New York · 2014

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