This case requires us to determine whether a provision in a lease agreement is enforceable where it provides for payment of attorneys' fees to a lessor even if the lessor is in default. We find that such a provision is unconscionable and unenforceable as a penalty.
Respondent Amalgamated Dwellings Inc. is a residential cooperative corporation. In 2001, petitioner, a tenant-shareholder in respondent's building, purchased shares to an apartment in the building and executed...
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