Subtenant Must Pay Fees in Eviction Case

(Decision submitted by Stuart F. Shaw of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Facts: Subtenant sued tenant and landlord. Subtenant claimed he was entitled to tenant's apartment. The court case, a related eviction case, and appeals went on for over 12 years and resulted in a determination that tenant was entitled to the apartment and could eject subtenant. Tenant then asked for attorney's fees. Subtenant claimed that the sublease only allowed tenant to get attorney's fees when tenant had started legal proceedings to recover rent ''and/or for breach of any covenant of this sublease.'' Court: Tenant wins. In answer to subtenant's court complaint, tenant had raised a breach of the sublease as a counterclaim. So the attorney's fees clause of the sublease applied. The court noted that much of subtenant's litigation over the years was repetitive and wasteful.

Levy v. Carol Mgmt. Corp.: Index No. 26528/85 (10/9/97) (Sup. Ct. NY; Friedman, J) [7-page document]