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80TH REALTY LLC v. BAB

Appellate Term of the Supreme Court of New York, First Department
May 13, 2005
2005 N.Y. Slip Op. 50719 (N.Y. Sup. Ct. 2005)

Opinion

570086/05.

Decided May 13, 2005.

Defendant, as limited by his briefs, appeals from that portion of an order of the Civil Court, New York County, entered September 27, 2004 (Analisa Torres, J.) which denied his motion to dismiss plaintiff's third cause of action seeking to recover legal fees.

Order entered September 27, 2004 (Analisa Torres, J.) affirmed, with $10 costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.


Defendant's motion to dismiss plaintiff's third cause of action for attorney's fees was properly denied. Defendant's premature abandonment of the apartment premises and nonpayment of rent, if established, would constitute a breach triggering the provisions of lease paragraph 20 authorizing the plaintiff-landlord to recover attorney's fees, costs and expenses in the event of "any re-entry . . . in any manner". Interpreting the lease provision pursuant to its plain terms ( see generally Sutton v. East Riv. Sav. Bank, 55 NY2d 550; Soundview Shopping Ctr. v. Port Bay Assocs., 230 AD2d 729), we agree that landlord's commencement of a summary eviction proceeding was not a sine qua non of its entitlement to recover legal fees incurred in connection with its "re-entry" into tenant's apartment.

This constitutes the decision and order of the court.


Summaries of

80TH REALTY LLC v. BAB

Appellate Term of the Supreme Court of New York, First Department
May 13, 2005
2005 N.Y. Slip Op. 50719 (N.Y. Sup. Ct. 2005)
Case details for

80TH REALTY LLC v. BAB

Case Details

Full title:80TH REALTY LLC, Plaintiff-Respondent, v. ANDREW L. BAB…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: May 13, 2005

Citations

2005 N.Y. Slip Op. 50719 (N.Y. Sup. Ct. 2005)