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Maplewood Management, Inc. v. Best

133 Misc. 2d 769, 509 N.Y.S.2d 449, 1986 N.Y. Misc. LEXIS 2946
CourtAppellate Terms of the Supreme Court of New York
DecidedSeptember 18, 1986
StatusPublished
Cited by2 cases

This text of 133 Misc. 2d 769 (Maplewood Management, Inc. v. Best) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maplewood Management, Inc. v. Best, 133 Misc. 2d 769, 509 N.Y.S.2d 449, 1986 N.Y. Misc. LEXIS 2946 (N.Y. Ct. App. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by striking the award of attorney’s fees, and, as so modified, affirmed, without costs.

Real Property Law § 234 confers upon a tenant a reciprocal right to recover reasonable legal fees "incurred” if the lease permits the landlord to recover legal fees as against the tenant. In the instant case, the tenant was represented by a publicly funded legal services organization and was not required to pay for the legal services rendered. Since the term "incurred” means that the party is liable for the expense (see, Rubin v Empire Mut. Ins. Co., 25 NY2d 426), the tenant did not incur legal fees within the meaning of said section.

Di Paola, P. J., Slifkin and Widlitz, JJ., concur.

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Related

Maplewood Management, Inc. v. Best
143 A.D.2d 978 (Appellate Division of the Supreme Court of New York, 1988)
Alfonso v. Rosso
137 Misc. 2d 915 (Civil Court of the City of New York, 1987)

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Bluebook (online)
133 Misc. 2d 769, 509 N.Y.S.2d 449, 1986 N.Y. Misc. LEXIS 2946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maplewood-management-inc-v-best-nyappterm-1986.