Settlement Agreement Didn't Provide for Attorney's Fees

LVT Number: 18667

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord later sought attorney's fees. The court ruled for landlord. Tenant appealed and won. If landlord and tenant intended to provide for attorney's fees, that should have been stated specifically in the settlement agreement. Since the agreement said nothing about attorney's fees, landlord couldn't claim them.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord later sought attorney's fees. The court ruled for landlord. Tenant appealed and won. If landlord and tenant intended to provide for attorney's fees, that should have been stated specifically in the settlement agreement. Since the agreement said nothing about attorney's fees, landlord couldn't claim them.

512 E. 11th St. HDFC v. ALS: NYLJ, 2/13/06, p. 26, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)