Landlord Can't Get Fees in Holdover Proceeding

LVT Number: 10595

Landlord sued to evict tenants. The court ruled for landlord. Landlord then sued for attorney's fees. The court and the appeals court ruled against landlord. Landlord should have requested the attorney's fees during the initial court proceeding.

Landlord sued to evict tenants. The court ruled for landlord. Landlord then sued for attorney's fees. The court and the appeals court ruled against landlord. Landlord should have requested the attorney's fees during the initial court proceeding.

Wierzbicki v. Khojandi: NYLJ, p. 31, col. 4 (4/4/96) (App. T. 2 Dept.; DiPaola, PJ, Collins, Luciano, JJ)