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245 REALTY ASSOCS. v. SUSSIS

243 A.D.2d 29 (1998)

673 N.Y.S.2d 635

245 Realty Associates, Respondent, v. Abe Sussis, as Court-Appointed Administrator of The Estate of Arthur Sussis, Deceased, et al., Appellants

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

May 28, 1998

Attorney(s) appearing for the Case

John D. Gorman, New York City, for appellants.

Howard Grun of counsel, New York City (Kaufman Friedman Plotnicki & Grun, L. L. P., attorneys), for respondent.

WALLACH, J. P., RUBIN and WILLIAMS, JJ., concur with TOM, J.; ANDRIAS, J., dissents in a separate opinion.

TOM, J.

The issue presented is whether the successor-in-interest of a rent-stabilized apartment is entitled to attorneys' fees as the successful party in a holdover proceeding, pursuant to a clause in the lease conferring such a right on the tenant of record as well as successors-in-interest.

The deceased Arthur Sussis was the rent-stabilized tenant of apartment 9A at 105 West 73rd Street in Manhattan...

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