MAPLEWOOD MGT. v. BEST


133 Misc.2d 769 (1986)

Maplewood Management, Inc., Appellant, v. Wanda Best, Respondent.

Supreme Court, Appellate Term, Second Department.

September 18, 1986


Attorney(s) appearing for the Case

Stanford A. Schwartz and Victor Mevorah for appellant. Leonard S. Clark and Edward Luban for respondent.

DI PAOLA, P. J., SLIFKIN and WIDLITZ, JJ., concur.


MEMORANDUM.

Final judgment unanimously modified by striking the award of attorney's fees, and, as so modified, affirmed, without costs.

Real Property Law § 234 confers upon a tenant a reciprocal right to recover reasonable legal fees "incurred" if the lease permits the landlord to recover legal fees as against the tenant. In the instant case, the tenant was represented by a publicly funded legal services organization...

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