A Manhattan co-op that cleaned out a tenant's garbage-filled apartment and replaced his cat litter without his permission must pay the tenant's legal fees after losing a motion for a preliminary injunction against the tenant, a divided state appeals panel has ruled.
The 3-2 Appellate Division, First Department, panel ruled on Thursday in 433 Sutton Corp. v. Broder, 110071/11, that the tenant, Robert Broder, was the prevailing party because the co-op had entered his unit to clean it in response to neighbors' complaints without first asking him to do it himself, breaching the proprietary lease.
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