DEARY v. KEITH


68 Misc.2d 110 (1971)

James M. Deary, Plaintiff, v. Charles L. Keith, Doing Business as Apt. Rental Service, Defendant.

Civil Court of the City of New York, New York County.

October 19, 1971


Attorney(s) appearing for the Case

Louis Charles Fink for plaintiff. Morris Fish for defendant.


MARTIN B. STECHER, J.

The plaintiff, a statutory tenant, sues his landlord, pursuant to the provisions of section 234 of the Real Property Law, to recover the reasonable value of attorney's fees necessarily expended in defending an unmeritorious summary proceeding previously brought — and lost — by the landlord.

The last lease between the parties was made in 1959; and although it expired in 1961, many of its provisions carried over...

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