Successor Tenant Not Entitled to Attorney's Fees

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for attorney's fees. The court ruled for occupant. Landlord appealed and won. The appeals court denied attorney's fees to the occupant. Although she was the prevailing party, and the deceased tenant's lease contained a provision permitting attorney's fees, the lease didn't contain any provision making it binding on successors. Real Property Law Section 234 states only that, where a lease provides for landlord's recovery of attorney's fees, "the court must interpret the lease to similarly permit the tenant to seek fees incurred as a result of the landlord's breach or the tenant's successful defense of a proceeding by the landlord."

530 Second Ave. Co., LLC v. Zenker: 2020 NY Slip Op 20063 (App. T. 1 Dept.; 3/4/20; Shulman, PJ, Cooper, Edmead, JJ)