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GRAHAM CT. OWNER'S v. TAYLOR

10958, 70520/10, 570661/10

115 A.D.3d 50 (2014)

978 N.Y.S.2d 213

2014 NY Slip Op 311

GRAHAM COURT OWNER'S CORP., Respondent, v. KYLE TAYLOR, Appellant.

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

Decided January 21, 2014.

Attorney(s) appearing for the Case

Bierman & Palitz LLP, New York City ( Mark H. Bierman of counsel), for appellant.

Kucker & Bruh, LLP, New York City ( Nativ Winiarsky and Patrick K. Munson of counsel), for respondent.

MOSKOWITZ and GISCHE, JJ., concur with RENWICK, J.; SWEENY, J.P., and DEGRASSE, J., dissent in an opinion by DEGRASSE, J.

OPINION OF THE COURT

RENWICK, J.

This appeal concerns a tenant, respondent Kyle Taylor, who successfully defended a holdover proceeding commenced by petitioner, Graham Court Owner's Corp., in which the landlord sought to recover the leasehold on the ground that the tenant breached the lease by making unauthorized alterations to the premises. After a nonjury trial, Civil Court dismissed the holdover proceeding and awarded the tenant attorneys' fees pursuant...

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