MARSH v. 300 WEST 106TH ST. CORP.

Nos. 7589, 105211/10.

95 A.D.3d 560 (2012)

943 N.Y.S.2d 525

2012 NY Slip Op 3719

KELLEE MARSH, Respondent, v. 300 WEST 106TH ST. CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2012.


Although the lease provision at issue here appears to be reciprocal in nature, its reciprocity is limited. To wit, it provides that "[t]he successful party in a legal action or proceeding between Landlord and Tenant for non-payment of rent or recovery of possession of the Apartment may recover reasonable legal fees and costs from the other party." Since the lease permits the landlord to collect attorneys' fees when suing for breach of the lease's covenants, whether nonpayment...

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