Tenant Gets $27,000 in Attorney's Fees

April 8, 2012

LVT Number: #24010

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant's monthly rent was $1,240. Tenant claimed that the rent charged was incorrect since it was based on a two-year lease renewal rather than one year. After failing to settle the case, tenant filed a summary judgment motion, which was denied. After trial, the court ruled that landlord charged tenant an illegal rent amount and awarded tenant a rent credit. Tenant then asked for attorney's fees. Landlord argued that much of the legal work done by tenant's attorney was unnecessary.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant's monthly rent was $1,240. Tenant claimed that the rent charged was incorrect since it was based on a two-year lease renewal rather than one year. After failing to settle the case, tenant filed a summary judgment motion, which was denied. After trial, the court ruled that landlord charged tenant an illegal rent amount and awarded tenant a rent credit. Tenant then asked for attorney's fees. Landlord argued that much of the legal work done by tenant's attorney was unnecessary. The court ruled for tenant and awarded him $26,950. Tenant made every attempt to settle the case before trial, to no avail. There were no duplicate or unnecessary charges in the attorney's billing sheets.

125-127 Allen St. Associates v. Lin: Index No. 82471/09, NYLJ No. 1202546597657 (Civ. Ct. NY; 3/15/12; Spears, J)

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