Successor Tenant Not Entitled to Attorney's Fees
LVT Number: #30724
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.
530 Second Ave. Co., LLC v. Zenker: 2020 NY Slip Op 20063 (App. T. 1 Dept.; 3/4/20; Shulman, PJ, Cooper, Edmead, JJ)