Landlord Gets Fees for Nonpayment Case

(Decision submitted by Sabrina Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for an award of attorney's fees. The court had ruled in landlord's favor on all its claims and had dismissed tenant's claim of breach of the warranty of habitability. Landlord claimed the lease entitled it to attorney's fees. Tenant claimed that the lease clause was vague and that since tenant had paid the back rent due under the court's order and landlord hadn't actually taken back possession of the apartment, landlord couldn't demand attorney's fees. The court ruled for landlord. The lease clause provided for an award of attorney's fees upon tenant's default in rent. So landlord could collect attorney's fees, the amount of which was to be determined at a hearing.

56 Mac D. Inc. v. Gravine: L&T Index 4 (Civ. Ct. NY; Soto, J) [5-pg. doc.]