Co-op Gets Attorney's Fees
LVT Number: #24561
Landlord cooperative corporation sued apartment shareholder for violation of her proprietary lease. Landlord claimed that shareholder failed to cure cat urine odors or to give landlord access to do so, in violation of her lease. The court ruled for landlord and awarded landlord attorney's fees. Shareholder appealed and lost. The lease stated that shareholder "shall not permit unreasonable ... odors to escape into the building." The lease also gave landlord the right to make necessary repairs to remove the condition if not cured on 30-days' notice to shareholder. Landlord showed that shareholder had breached her lease. Other shareholders had complained since 2005, and landlord repeatedly asked shareholder to cure the condition between 2006 and 2010, when it started the lawsuit. Although shareholder made some efforts to cure, she didn't do so until after landlord started the lawsuit, and these efforts didn't fully abate the condition. Landlord was entitled to reasonable attorney's fees under the proprietary lease.
Great Neck Terrace Owners Corp. v. McCabe: 2012 NY Slip Op 08693, 2012 WL 6603678 (2012 NY Slip Op 08693, 2012 WL 6603678 (App. Div. 2 Dept.; 12/19/12; Dillon, JP, Dickerson, Austin, Miller, JJ)