Landlord Gets Attorney's Fees Despite Cure by Tenant

July 17, 2014

LVT Number: #25635

Landlord cooperative corporation sued to evict shareholder tenant for breaching his lease. The court ruled for landlord, who then asked for attorney's fees. Tenant objected, claiming that the lease violation had been cured. But landlord proved it was entitled to a judgment of possession and was the prevailing party in the proceeding. So landlord was entitled to reasonable attorney's fees in the amount of $31,500. Landlord was also entitled to monthly use and occupancy during the holdover period in the amount of $22,000.

Landlord cooperative corporation sued to evict shareholder tenant for breaching his lease. The court ruled for landlord, who then asked for attorney's fees. Tenant objected, claiming that the lease violation had been cured. But landlord proved it was entitled to a judgment of possession and was the prevailing party in the proceeding. So landlord was entitled to reasonable attorney's fees in the amount of $31,500. Landlord was also entitled to monthly use and occupancy during the holdover period in the amount of $22,000.

Lenox Gardens Apt. Corp. v. Sandville: Index No. 58037/2012, NYLJ No. 1202657553838 (Civ. Ct. NY; 5/28/14; Stoller, J)

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