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MATTER OF DUELL v. CONDON

84 N.Y.2d 773 (1995)

647 N.E.2d 96

622 N.Y.S.2d 891

In the Matter of Andrew Duell et al., as Executors of Manny E. Duell, Deceased, Appellants, v. Liza Condon, Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

Robert M. Olshever, P. C., Manhasset (Jeffrey S. Goldberg of counsel), for appellants.

Cowan, Liebowitz & Latman, P. C., New York City (Joseph H. Lessem of counsel), for Liza Condon, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

The question submitted is whether the provisions of section 234 of the Real Property Law which permit successful tenants in landlord/tenant disputes to recover attorneys' fees, may be applied in this proceeding involving a statutory tenant. We conclude that they may and therefore affirm.

I

In October of 1960, Edwin and Phyllis Condon executed a two-year lease for a seven-room apartment...

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