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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
Appellate Terms of the Supreme Court of New York·Decided September 18, 1986·Published·Cited by 2 cases

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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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).

133 Misc. 2d 769 (Maplewood Management, Inc. v. Best) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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