Casamento v. Juaregui
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Angiolillo, J.
Real Property Law § 234, which governs residential leases, establishes an implied covenant providing a tenant with the right to recover an attorney’s fee incurred in the successful defense of a summary proceeding to recover possession of a leasehold where the parties’ lease provides for the landlord’s recovery of an attorney’s fee if successful in such litigation. The appeal before us concerns a tenant who successfully defended such a summary proceeding in the Civil Court, but was denied an award of an attorney’s fee on his motion pursuant to Real Property…
2Cases cited24 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Bailey v. Fish & NeaveNew York Court of Appeals · 2007
- Duell v. CondonNew York Court of Appeals · 1995
- Nestor v. McDowellNew York Court of Appeals · 1993
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