Opinion
December 28, 1998
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the order is affirmed, with costs.
Where, as here, the New York City Loft Board has converted the tenants' lease into a carry-over statutory leasehold, all of the original lease terms remain in effect. "It is well settled law that lease provisions permitting recovery of attorneys' fees, such as those at issue here, are among those provisions that carry over into a statutory tenancy" ( Feierstein v. Moser, 124 Misc.2d 369, 371; Deary v. Keith, 68 Misc.2d 110; see also, Barrow Realty Corp. v. Village Brewery Rest., 272 App. Div. 262). If the lease provisions carry over into a statutory tenancy, the reciprocity provision of Real Property Law § 234 travels with them.
Real Property Law § 234 provides that a tenant may recover attorney's fees if he prevails in " any action * * * commenced by the landlord against the tenant arising out of the lease" (emphasis supplied). This is an action "commenced by the landlord against the tenant[s] arising out of the lease", and the tenants were awarded, among other things, summary judgment dismissing the complaint on the merits in an order of the same court dated May 20, 1997. The tenants are therefore entitled to attorney's fees in this action ( see, e.g., Nestor v. McDowell, 81 N.Y.2d 410; 25 E. 83 Corp. v. 83rd St. Assocs., 213 A.D.2d 269; Jocar Realty Co. v. Galas, 176 Misc.2d 534).
The plaintiffs remaining contentions are without merit.
Copertino, J. P., Joy, Krausman and Goldstein, JJ., concur.