A divided state appeals panel has awarded attorney fees to a tenant who prevailed against his landlord in a holdover proceeding, ruling that language in his lease allowing the landlord to recover attorney fees by re-renting the apartment was enough to create a reciprocal right for the tenant.
The 3-2 Appellate Division, First Department, panel ruled Tuesday in Graham Court Owners Corp. v. Taylor, 70520/10, that even though the lease provision never obligates the tenant to pay the landlord’s fees if the landlord prevails, it does implicitly obligate the landlord to pay the tenant’s fees if the tenant prevails.
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