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H.M. VILLAGE REALTY v. CACCAVALE

5 A.D.3d 289 (2004)

773 N.Y.S.2d 543

H.M. VILLAGE REALTY, Appellant, v. KEN CACCAVALE, Respondent.

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

March 25, 2004.

Plaintiff is the landlord of premises at 39 Jane Street in Manhattan, where defendant tenant has resided since 1974. The dispute arises out of an illegal alteration defendant allegedly made to his apartment in 1979 by enlarging an existing balcony.

The broad reading accorded to Real Property Law § 234 warrants recovery of legal fees by the tenant herein (see Lynch v Leibman, 177 A.D.2d 453 [1991]). While defendant's...

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