GORDON v. 35-71 OWNERS CORP.


84 A.D.2d 717 (1981)

Philip Gordon et al., Appellants-Respondents, v. 35-71 Owners Corp., Respondent-Appellant

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

November 17, 1981


The principal issue on this appeal concerns the trial court's award to the defendant housing corporation of $13,000 in counsel fees to be payable by the plaintiff lessee. We do not interpret the lease provision to authorize recovery from the lessee of counsel fees incurred in connection with the pursuit of a meritless ejectment action after the lessee had complied with a court order granting defendant the essential relief that it sought. After a review of the record as a...

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