Landlord Gets Hearing on Fees

June 30, 1999

LVT Number: 13317

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded him a judgment of $20,000 in back rent. Landlord then asked for attorney's fees. The court ruled against landlord, finding that landlord's request wasn't made on time. Landlord appealed and won. Landlord wasn't asking to reargue an issue in the case, as the lower court erroneously decided. In its ruling for landlord, the court was silent on the issue of attorney's fees. So landlord's request was a new one based on a claim raised in landlord's court papers. Landlord made this request on time.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded him a judgment of $20,000 in back rent. Landlord then asked for attorney's fees. The court ruled against landlord, finding that landlord's request wasn't made on time. Landlord appealed and won. Landlord wasn't asking to reargue an issue in the case, as the lower court erroneously decided. In its ruling for landlord, the court was silent on the issue of attorney's fees. So landlord's request was a new one based on a claim raised in landlord's court papers. Landlord made this request on time. The case was sent back for a hearing as to the amount of attorney's fees to be awarded.

Harry J. DeMott and Clement Segal, a Partnership v. Marsh: NYLJ, p. 26, col. 1 (6/30/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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