Opinion
570100/04, 04-110.
Decided August 11, 2004.
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.
Order dated June 17, 2003 (Rolando T. Acosta, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.
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]).
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.