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DUELL v. ROBERTS

232 A.D.2d 301 (1996)

648 N.Y.S.2d 916

Andrew Duell et al., Respondents, v. Richard Roberts, Appellant, et al., Respondent

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

October 24, 1996

The Appellate Term properly found, on the basis of the terms of the last lease between the parties containing an attorney's fees clause, that Civil Court had erred in denying such an award where landlord was the prevailing party in a holdover proceeding (see, Cier Indus. Co. v Hessen, 136 A.D.2d 145; Museum of Modern Art v Kirk, 111 Misc.2d 1074, 1076). Tenant was on notice that...

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