Landlord Gets Fees for Nuisance Case

LVT Number: 13392

Landlord sued to evict rent-stabilized tenant for nuisance. The court ruled for landlord and granted its request for attorney's fees. Tenant appealed and lost. Tenant's lease contained an attorney's fees clause. The fact that tenant's lease had expired didn't bar landlord from recovering its fees, since the rent-stabilized tenancy continued on the same terms and conditions.

Landlord sued to evict rent-stabilized tenant for nuisance. The court ruled for landlord and granted its request for attorney's fees. Tenant appealed and lost. Tenant's lease contained an attorney's fees clause. The fact that tenant's lease had expired didn't bar landlord from recovering its fees, since the rent-stabilized tenancy continued on the same terms and conditions.

Mosholu Preservation Corp. v. Fisher: NYLJ, p. 26, col. 2 (7/27/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)