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MALINER-COLVIN v. 85-10 34TH AVENUE APARTMENT CORPORATION

284 A.D.2d 434 (2001)

726 N.Y.S.2d 861

SUSAN R. MALINER-COLVIN, Respondent, v. 85-10 34TH AVENUE APARTMENT CORPORATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 18, 2001.

Ordered that the order is affirmed, with costs.

Generally, a party must pay his or her own attorney's fee unless an award is authorized by an agreement between the parties, or by statute or court rule (see, Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d 1). The clause in the lease relied upon by the defendant to support its claim for an award of an attorney's fee is inapplicable to the facts of this case since that...

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