DOWLING v. YAMASHIRO


116 Misc.2d 86 (1982)

Kevin Dowling, Claimant, v. Tad Yamashiro, Defendant.

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

October 18, 1982


Attorney(s) appearing for the Case

Kevin Dowling, claimant pro se. Roy Zisser for defendant.


KARLA MOSKOWITZ, J.

In this small claims action, claimant seeks reimbursement for attorney's fees he incurred defending himself in a holdover proceeding (L&T No. 105469). His action is predicated on section 234 of the Real Property Law.

Defendant alleges that: claimant cannot bring a separate action for attorney's fees because claimant did not request them in his answer and the landlord would be barred (930 Fifth Corp. v King,

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