Landlord Can't Get Attorney's Fees for Eviction Case

LVT Number: #29791

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date of trial, tenant admitted that he had surrendered possession, that landlord was the prevailing party, and that a final judgment of possession could be entered in landlord's favor. The court then granted landlord $9,285 in attorney's fees. Landlord appealed, claiming that amount of attorney's fees was inadequate.

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Sokolow v. Neumann-Werth: 86 N.Y.S.3d 370, 2018 NY Slip Op 28351 (App. T. 2 Dept.; 11/2/18; Pesce, PJ, Aliotta, Elliot, JJ)