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333 EAST 49TH PARTNERS, L.P. v. FLAMM

333, 10264, 100516/10.

107 A.D.3d 584 (2013)

967 N.Y.S.2d 719

2013 NY Slip Op 4731

333 EAST 49TH PARTNERS, L.P., Appellant, v. LEONARD FLAMM, Respondent.

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

Decided June 25, 2013.

The motion court correctly determined that plaintiff landlord was not entitled to recover the attorneys' fees it allegedly incurred in a holdover licensee proceeding brought solely against defendant's subtenant. There is no basis for disturbing the finding that although defendant signed affidavits of primary residence to facilitate the subtenant's occupancy of the subject apartment prior to his relinquishment of his right to a...

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