E. 11TH ST. ASSOCS v. BRESLOW


174 Misc.2d 994 (1997)

669 N.Y.S.2d 133

East Eleventh Street Associates, Appellant, v. Nancy Breslow, Respondent.

Supreme Court, Appellate Term, First Department.

October 17, 1997


Attorney(s) appearing for the Case

Sperber, Denenberg & Barany, P. C., New York City (S. Stewart Smith of counsel), for appellant. Nancy A. Breslow, respondent pro se.

FREEDMAN and DAVIS, JJ., concur; McCOOE, J. P., dissents in a separate memorandum.


Per Curiam.

Order entered July 10, 1996 affirmed, with $10 costs.

Having prevailed on the merits of the underlying nonpayment proceeding, the petitioner landlord seeks recovery of attorney's fees on the basis of an attorney's fee provision which, while appearing (inconspicuously at paragraph 20 on the fourth of five pages) in the parties' 1985 stabilized renewal lease, was undisputedly absent from the parties' initial...

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