CIER INDUS. CO. v. HESSEN


136 A.D.2d 145 (1988)

Cier Industries Company, Appellant, v. Rachel Hessen et al., Respondents

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

March 22, 1988


Attorney(s) appearing for the Case

Gary M. Rosenberg of counsel (Ronald E. Sternberg with him on the brief; Rosenberg & Estis, P. C., attorneys), for appellant.

Mitchell Shron for respondents.

MURPHY, P. J., KUPFERMAN and CARRO, JJ., concur.


ELLERIN, J.

The issue on this appeal is whether a landlord who prevails in a nonprimary residence holdover proceeding is entitled to recover legal expenses from a tenant under a standard broad lease provision which holds the tenant responsible for attorneys' fees incurred by the landlord in legal proceedings precipitated by the tenant's breach of the lease.

In the underlying action, the landlord, Cier...

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