1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

LVT Number: #30700

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney's fees. Tenant appealed and won. At trial, tenant presented her 1985 vacancy lease, which should have been admitted into evidence as an ancient document. It was more than 30 years old, there was no indication of fraud or invalidity, and the document was maintained in a natural place of custody.

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201 Ave. A Corp v. Rizzo: Index No. 570604/19, 2020 NY Slip Op 50118(U) (App. T. 1 Dept.; 2/3/20; Shulman, PJ, Cooper, J)