Riverton Assoc. v Russell (2004 NY Slip Op 50950(U))

[*1]

Riverton Assoc. v Russell

2004 NY Slip Op 50950(U)

Decided on August 11, 2004

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 11, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570100/04

RIVERTON ASSOCIATES, Petitioner-Landlord-Respondent, 04-110

against

DAWN RUSSELL, Respondent-Tenant-Appellant, JOSTLYN HESLOP "JOHN DOE" AND/OR "JANE DOE", Respondent-Undertenants.

Tenant appeals from an order of the Civil Court, New York County, dated June 17, 2003 (Rolando T. Acosta, J.) which denied tenant's motion for attorneys' fees in a holdover summary proceeding.

PER CURIAM:

Order dated June 17, 2003 (Rolando T. Acosta, J.) affirmed, with $10 costs.

Tenant's application for attorneys' fees was properly denied since the parties' lease does not expressly provide for the recovery of litigation costs so as to trigger a reciprocal right under Real Property Law § 234, but only refers in general terms to recoupment of expenses from a security deposit. Such an obligation should not be imposed by "implication or construction" (Ponte & Sons v Lorberblatt, NYLJ, November 19, 1992, at 25, col 3, App Term, 1st Dept]). [*2]Nor does landlord's boiler plate demand for legal fees warrant a contrary result (45th St. Assocs. v Reyes, NYLJ, December 15, 2000, at 28, col 1 [App Term, 1st Dept]).

This constitutes the decision and order of the court.