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EAST ELEVENTH STREET ASSOCIATES v. BRESLOW

256 A.D.2d 110 (1998)

681 N.Y.S.2d 274

EAST ELEVENTH STREET ASSOCIATES, Appellant, v. NANCY BRESLOW, Respondent, et al., Respondents.

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

Decided December 10, 1998.

We agree with the Civil Court and the majority at the Appellate Term (174 Misc.2d 994) that the attorney's fee provision in the renewal lease runs afoul of the requirement that renewal leases be "on the same terms and conditions" as the expired lease (Rent Stabilization Code [9 NYCRR] § 2522.5 [g]), and that it makes no difference that such provision, in conjunction with the reciprocal rights provided by Real Property Law §...

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