NESTOR v. BRITT


270 A.D.2d 192 (2000)

707 N.Y.S.2d 11

MARIANNE NESTOR et al., Appellants-Respondents, v. THOMAS BRITT, Respondent-Appellant, et al., Respondents.

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

Decided March 30, 2000.


After a judgment of possession in favor of petitioner landlords in this owner-occupancy proceeding was reversed by Appellate Term, respondent tenant moved for an award of attorneys' fees. In support of his motion, he relied on a 1983 rent stabilized lease between the parties that included an attorneys' fee provision in favor of the landlord and expressly gave the tenant the right to recover attorneys' fees if he prevailed in the defense of an action by the landlord "to the...

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