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CASAMENTO v. JUAREGUI

2010-04409.

88 A.D.3d 345 (2011)

929 N.Y.S.2d 286

2011 NY Slip Op 6487

In the Matter of DOMINIC CASAMENTO, Respondent, v. LUIS JUAREGUI, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

September 13, 2011.

Attorney(s) appearing for the Case

Steven De Castro , New York City, for appellant.

Santo Golino , New York City, for respondent.

COVELLO, J.P., DICKERSON and ROMAN, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

Real Property Law § 234, which governs residential leases, establishes an implied covenant providing a tenant with the right to recover an attorney's fee incurred in the successful defense of a summary proceeding to recover possession of a leasehold where the parties' lease provides for the landlord's recovery of an attorney's fee if successful in such litigation. The appeal before us concerns a tenant who successfully...

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