Outside CounselNativ Winiarsky, New York Law Journal
Attorney Fees and Real Estate: Discretion Has its Limits
Nativ Winiarsky writes that however important '433 Sutton Corp. v. Broder' is to the landlord-tenant community as one of the relatively few such cases addressed per year by the Court of Appeals, it unfortunately provides little in the way of guidance in terms of the circumstances in which a court may use its discretion to deny attorney fees in the face of a valid lease clause allowing for same.
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