MCMAHON v. SCHWARTZ


109 Misc.2d 80 (1981)

Gerald T. McMahon, Plaintiff, v. Eva Schwartz et al., Defendants.

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

April 17, 1981


Attorney(s) appearing for the Case

Gerald T. McMahon, plaintiff pro se. Fitzgerald, Fitzgerald & Doyle (Donald C. Yeoman of counsel), for defendants.


EDWARD H. LEHNER, J.

This action raises issues as to (1) whether a tenant who successfully defended two holdover proceedings, both of which were dismissed on procedural grounds without a determination on the merits, but whose eviction is still being sought in a pending nonpayment proceeding, may recover an attorney's fee under the implied covenant of section 234 of the Real Property Law, and if so, (2) may ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases