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CARACAUS v. CONIFER CENT. SQ.

1119 CA 16-02179.

158 A.D.3d 63 (2017)

68 N.Y.S.3d 225

2017 NY Slip Op 08946

EUNICE M. CARACAUS, Respondent, v. CONIFER CENTRAL SQUARE ASSOCIATES, Appellant. (Appeal No. 1.)

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

Decided December 22, 2017.

Attorney(s) appearing for the Case

Walter D. Kogut, P.C., Fayetteville ( Walter D. Kogut of counsel), for appellant.

Legal Services of CNY, Inc., Syracuse ( Eric Tohtz of counsel), for respondent.

CENTRA, J.P., PERADOTTO, TROUTMAN and WINSLOW, JJ. concur.

OPINION OF THE COURT

We hold that, after a tenant successfully defends an action commenced by his or her landlord, the tenant may commence a new plenary action against the landlord to recover the attorneys' fees to which he or she may be entitled under Real Property Law § 234.

Facts

Defendant (hereafter...

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