Landlord Gets Fees in Nonpayment Case

April 30, 1998

LVT Number: 12278

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it attorney's fees. Tenant appealed and lost. The lower court's order didn't bar landlord from seeking attorney's fees if it proved that it complied with the portion of tenant's lease that stated that such fees were payable as additional rent within 30 days after tenant received landlord's ''bill or statement.'' Landlord was entitled to attorney's fees since it won the nonpayment case and made a claim for them on time.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it attorney's fees. Tenant appealed and lost. The lower court's order didn't bar landlord from seeking attorney's fees if it proved that it complied with the portion of tenant's lease that stated that such fees were payable as additional rent within 30 days after tenant received landlord's ''bill or statement.'' Landlord was entitled to attorney's fees since it won the nonpayment case and made a claim for them on time.

106 Assocs., LLC v. Bulbach: NYLJ, p. 29, col. 2 (4/23/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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