IN THE MATTER OF ANDREW DUELL ET AL., APPELLANTS, v. LIZA CONDON, ET AL.,
RESPONDENTS.
84 N.Y.2d 773, 647 N.E.2d 96, 622 N.Y.S.2d 891 (1995).
February 9, 1995
1 No. 15 (1995 NY Int. 012)
Decided February 9, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Jeffrey S. Goldberg, for Appellants.
Joseph H. Lessem, for Respondent Condon.
SIMONS, J.:
The question submitted on this appeal is whether the provisions of
section 234 of the Real Property Law which permit successful tenants
in landlord/tenant disputes to recover attorneys' fees, may be applied
in this proceeding involving a statutory tenant. We conclude that they
may and therefore affirm.
I
In October of 1960, Edwin and Phyllis Condon executed a two-year lease
for a seven room apartment on Washington Square North in New York
City. The lease was not renewed upon its expiration in 1962; at that
time, the Condons became statutory tenants under the recently enacted
local rent control laws (see, Local Emergency Housing Rent Control
Act, L 1962, ch 21; New York City Rent Control and Rehabilitation Law,
Loc. L. 1962, No. 20). After the death of her father in 1973, the
Condons' adult daughter, respondent Liza Condon, returned to the
apartment to reside with her mother and upon Phyllis' death in 1986,
Liza became the statutory tenant (see, New York City Rent and Eviction
Regulations, 9 NYCRR 2204.6(d)(3)(i)).
In 1987, the owners of the Washington Square North property,
petitioners Andrew Duell and Irene Duell as executors of the estate of
Manny Duell, commenced a summary proceeding in New York City Civil
Court to evict Condon on the grounds that the Washington Square
apartment was not her primary residence. The court dismissed the
petition after a hearing and held further that Condon was entitled to
an award of attorneys' fees pursuant to Real Property Law § 234. The
parties stipulated to fees in the amount of $51,517.25 and judgment
SNIPPETS:
IN THE MATTER OF ANDREW DUELL ET AL., APPELLANTS, v. LIZA CONDON, ET AL.,
Joseph H. Lessem, for Respondent Condon.
The question submitted on this appeal is whether the provisions of section 234 of the Real
Edwin and Phyllis Condon executed a two-year lease for a seven room apartment on Washington
The lease was not renewed upon its expiration in 1962; at that time, the Condons became
After the death of her father in 1973, the Condons' adult daughter, respondent Liza Condon,
In 1987, the owners of the Washington Square North property, petitioners Andrew Duell and
The Appellate Term, First Department affirmed, as did the Appellate Division following an
Whenever a lease of residential property shall provide that in any action or summary
The 1960 lease executed by Edwin and Phyllis Condon contained a provision entitling the
Preliminarily, because the parties rely on both rent control and rent stabilization
24 ).
A tenant in rent controlled premises has a right to continued occupancy, assuming the tenant
The tenancy exists not by contract but by operation of law -- it is a "statutory tenancy."
Petitioners contend, however, that the term "tenant" as used within Real Property Law § 234
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