Landlord Entitled to Attorney's Fees

December 1, 2008

LVT Number: #20867

Landlord sued to evict unregulated apartment tenant. The court ruled for landlord. Landlord then sought attorney's fees. The court ruled against landlord. Landlord appealed and won. An attorney's award may be based on the ultimate outcome of the case, whether or not the case is decided on the merits. Since landlord obtained possession of the apartment due to tenant's surrender of the premises, he was the prevailing party entitled to reasonable attorney's fees under the terms of tenant's lease.

Landlord sued to evict unregulated apartment tenant. The court ruled for landlord. Landlord then sought attorney's fees. The court ruled against landlord. Landlord appealed and won. An attorney's award may be based on the ultimate outcome of the case, whether or not the case is decided on the merits. Since landlord obtained possession of the apartment due to tenant's surrender of the premises, he was the prevailing party entitled to reasonable attorney's fees under the terms of tenant's lease. Tenant also admitted in response to landlord's appeal that she didn't intend to pursue her claims that she was harassed by landlord and forced out of the apartment.

Stribula v. Tisdale: NYLJ, 11/13/08, p. 36, col. 2 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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