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TENANTS ASSN v. KEPASI REALTY

139 Misc.2d 57 (1988)

313 West 100th Street Tenants Association et al., Petitioners, v. Kepasi Realty Corp. et al., Respondents.

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

March 24, 1988

Attorney(s) appearing for the Case

Kellner, Chehebar & Deveney (Douglas A. Kellner of counsel), for petitioners. Feldman & Kramer (Neal Frishberg of counsel), for respondents.

LEWIS R. FRIEDMAN, J.

The enactment of Real Property Law § 234 in 1966 (L 1966, ch 286) engendered a substantial change in New York law. The legislation created an unusual hybrid — a contract right to recover attorneys' fees is implied by statute. The law provides: "Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys...

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