EMILY TOWERS OWNERS CORPORATION v. CARLETON EMILY TOWERS (1997)

Order unanimously modified by granting defendant's cross motion in its entirety and remanding the matter to the court below for determination of the reasonable value of the attorney's fees, and as so modified, order affirmed without costs.

The Offering Plan, Proprietary Lease and By-Laws when read together evidence a clear intent to exempt the holdovers of “Unsold Shares” in the co-operative association from any increases in parking charges (see, Tompkins v. Hale, 172 Misc. 1071, 15 N.Y.S.2d 854, aff'd 259 App.Div. 860, 20 N.Y.S.2d 398, aff'd 284 N.Y. 675, 30 N.E.2d 721).   Defendant is therefore entitled to attorneys' fees pursuant to RPL § 234 (see, North Star Graphics, Inc. v. Spitzer, 135 A.D.2d 401, 521 N.Y.S.2d 699, appeal dismissed, 72 N.Y.2d 841, 530 N.Y.S.2d 556, 526 N.E.2d 47).

MEMORANDUM.