Settlement Agreement Didn't Provide for Fees

March 1, 1999

LVT Number: 13020

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement in which tenant agreed to pay back rent totaling $3,200, which tenant did at the time the agreement was signed. Landlord asked the court to award it attorney's fees. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. The settlement agreement made no provision for attorney's fees. If landlord or tenant intended to preserve an attorney's fee claim, it should have been included in the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement in which tenant agreed to pay back rent totaling $3,200, which tenant did at the time the agreement was signed. Landlord asked the court to award it attorney's fees. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. The settlement agreement made no provision for attorney's fees. If landlord or tenant intended to preserve an attorney's fee claim, it should have been included in the settlement agreement.

Rossmill Assocs. v. Curtis: NYLJ, p. 26, col. 2 (2/26/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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