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JERULEE CO. v. SANCHEZ

43 A.D.3d 328 (2007)

841 N.Y.S.2d 242

JERULEE CO., Respondent, v. RAYMOND SANCHEZ, Appellant, et al., Defendant.

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

Decided August 16, 2007.

In this declaratory judgment action by a landlord seeking rescission of a lease for a rent-stabilized apartment on the ground of fraud and mutual mistake, tenant Sanchez is not entitled to recover attorney's fees from plaintiff for successfully defending the action. Paragraph 20 (B), which gave the tenant the right to recover attorney's fees, specifically incorporates Real Property Law § 234, whereby a tenant's right to such...

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