No Attorney's Fees for Landlord Under Terms of Lease

July 31, 2009

LVT Number: #22103

Mount Kisco landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but refused to award landlord attorney's fees. Landlord appealed and lost. The lease provision relied on by landlord didn't deem attorney's fees additional rent. So attorney's fees weren't recoverable in this eviction case.

Mount Kisco landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but refused to award landlord attorney's fees. Landlord appealed and lost. The lease provision relied on by landlord didn't deem attorney's fees additional rent. So attorney's fees weren't recoverable in this eviction case.

Henry v. Simon: NYLJ, 7/23/09, p. 39, col. 1 (App. T. 2 Dept.; Tanenbaum, JP, Molia, Scheinkman, JJ.)

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