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GALICIA v. ROTA HOLDING CORP. #2

57 A.D.3d 293 (2008)

868 N.Y.S.2d 525

LUIS F. GALICIA, Appellant, v. ROTA HOLDING CORP. #2, Respondent.

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

December 11, 2008.

Not only does the lease in question expressly provide for reciprocal attorney fees, but section 234 provides that any residential lease entitling a landlord to seek attorney fees implies a reciprocal covenant requiring the landlord to compensate a successful tenant for such fees and expenses (see Cier Indus. Co. v Hessen, 136 A.D.2d 145, 150 [1988]). The statute thus applies to the substantial attorney fees incurred in this case...

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