Landlord Can't Get Attorney's Fees From Tenant Who Filed 7-A Proceedings

May 31, 2007

LVT Number: 19613

Tenant sued landlord, seeking appointment of an Article 7-A administrator to operate the building. Tenant claimed that there were serious building conditions and violations. The court ruled against tenant because the conditions weren't due to any default or damage caused by landlord. Landlord then asked the court for an award of attorney's fees. The court ruled against landlord. Tenant's lease stated that tenant would be required to pay attorney's fees if tenant lost in a case filed as a result of tenant's default.

Tenant sued landlord, seeking appointment of an Article 7-A administrator to operate the building. Tenant claimed that there were serious building conditions and violations. The court ruled against tenant because the conditions weren't due to any default or damage caused by landlord. Landlord then asked the court for an award of attorney's fees. The court ruled against landlord. Tenant's lease stated that tenant would be required to pay attorney's fees if tenant lost in a case filed as a result of tenant's default. Since the case didn't involve any default by tenant under the terms of his lease, the attorney's fees provisions didn't apply to this case.

Sori-Goalya Realty LLC v. Rosen: NYLJ, 5/9/07, p. 20, col. 3 (Sup. Ct. NY; Stallman, J)

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