In Galicia v. Rota Holding Corp. #2 , Luis Galicia won a case brought against his landlord, Rota Holding Corp., and tried to recover his attorneys fees and expenses. When the New York County Supreme Court denied that request, an appeal to the Appellate Division, First Department followed.
A New York State law -- Real Property Law section 234 -- requires a residential landlord to pay for a successful tenant's legal fees and expenses when a lease would have allowed the landlord to seek the recovery of such charges if it had prevailed.
The AD1 was of the view the statute applied (even though the underlying dispute involved an administrative proceeding before the New York State Division of Housing and Community Renewal) because the landlord would have been entitled to recoup its fees had it won the case.
Pony up!
To download a copy of the Appellate Division's decision, please use this link: Galicia v. Rota Holding Corp. #2