Landlord Gets Attorney's Fees in Unauthorized Sublet Case

LVT Number: #22784

Landlord cooperative corporation sued to evict tenant-proprietary lessee for subletting his apartment without approval by the board of directors. Tenant cured while the case was pending, and the court granted landlord’s request for attorney's fees in the amount of $13,000. Tenant appealed and lost. Tenant’s lease permitted landlord to collect attorney's fees for action based on tenant’s breach of his lease.

Landlord cooperative corporation sued to evict tenant-proprietary lessee for subletting his apartment without approval by the board of directors. Tenant cured while the case was pending, and the court granted landlord’s request for attorney's fees in the amount of $13,000. Tenant appealed and lost. Tenant’s lease permitted landlord to collect attorney's fees for action based on tenant’s breach of his lease. Tenant claimed that the amount of fees awarded was disproportionate to the lease violation, but didn’t specifically challenge the fees and charges claimed by landlord’s attorney. The court reduced the fees by $70, based on a calculation error.

1410 Avenue S Owners Corp. v. Chimarev: NYLJ, 7/13/10, p. 36, col. 2 (App. T 2 Dept.; Golia, JP, Pesce, Rios, JJ)