Court Improperly Increased Tenant's Award

February 1, 1995

LVT Number: 9421

A referee recommended that tenant get attorney's fees for successfully defending a nonpayment case. The court adopted the referee's recommendation, but increased the amount of the fee award. Landlord appealed, and the appeals court reduced the award to match the original recommendation. The trial court had increased the fee award for an improper reason it had found that tenant's defense represented a public service that helped the neighborhood. The referee was in the best position to determine an appropriate fee award.

A referee recommended that tenant get attorney's fees for successfully defending a nonpayment case. The court adopted the referee's recommendation, but increased the amount of the fee award. Landlord appealed, and the appeals court reduced the award to match the original recommendation. The trial court had increased the fee award for an improper reason it had found that tenant's defense represented a public service that helped the neighborhood. The referee was in the best position to determine an appropriate fee award. Also, the referee had properly based his recommendation on the facts of the case, rather than on public policy concerns.

Williams v. Perretti: NYLJ, p. 29, col. 1 (1/13/95) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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