KLARISH v. CLAYTON


115 Misc.2d 982 (1982)

Arthur Klarish, Petitioner, v. Cherri Clayton et al., Respondents.

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

October 6, 1982


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Burton R. Ross of counsel), for petitioner. Malcolm A. Hoffman and Craig Schiller for Cherri Clayton, respondent.


DAVID B. SAXE, J.

May a tenant recover attorneys' fees after successfully defending a summary proceeding commenced to evict her at the conclusion of her lease?

The answer to this inquiry depends upon an interpretation of section 234 of the Real Property Law, which provided in pertinent part: "Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys' fees and/or expenses...

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