Landlord Gets Fees in Eviction Case

LVT Number: 17467

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant and landlord later signed a settlement agreement in court in which tenant agreed to move out and landlord reserved its claim for attorney's fees. The court ruled for landlord on its claim for attorney's fees. Tenant appealed and lost. Landlord was entitled to attorney's fees as the prevailing party in the case.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant and landlord later signed a settlement agreement in court in which tenant agreed to move out and landlord reserved its claim for attorney's fees. The court ruled for landlord on its claim for attorney's fees. Tenant appealed and lost. Landlord was entitled to attorney's fees as the prevailing party in the case.

Sklar Living Trust v. Brownstein: NYLJ, 7/13/04, p. 26, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)