No Attorney's Fees for Landlord Since No Judgment Entered

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition sought a judgment of possession and a money judgment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by a certain date. Landlord agreed that if tenant defaulted, it could get a money judgment, judgment of possession, and eviction warrant. The agreement also stated that landlord could seek attorney's fees. Landlord later asked for attorney's fees, claiming it had won the case. The court ruled against landlord. Landlord's petition had sought a judgment of possession. Since landlord's settlement agreement didn't provide for a judgment of possession, landlord didn't get the relief it sought in the petition and wasn't the prevailing party. So landlord wasn't entitled to attorney's fees.

Clinton Realty LLC v. Tarra: NYLJ, 4/25/07, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)