Tenant Gets Fees Despite Lost Lease

August 31, 1993

LVT Number: 8120

Landlord sued to evict tenant for nonprimary residence. After taking tenant's sworn statement, landlord dropped the case and offered tenant a renewal lease. Tenant asked for attorney's fees. Although tenant won the case, she didn't have a copy of her lease, so she couldn't show that there was a lease clause providing for attorney's fees. Landlord had bought the building and didn't have a copy of the lease either. Landlord's petition made a claim for attorney's fees anyway, to preserve landlord's right to recover them.

Landlord sued to evict tenant for nonprimary residence. After taking tenant's sworn statement, landlord dropped the case and offered tenant a renewal lease. Tenant asked for attorney's fees. Although tenant won the case, she didn't have a copy of her lease, so she couldn't show that there was a lease clause providing for attorney's fees. Landlord had bought the building and didn't have a copy of the lease either. Landlord's petition made a claim for attorney's fees anyway, to preserve landlord's right to recover them. The court used this as a basis to grant tenant attorney's fees, even though there was no copy of the lease.

East Egg Associates v. Diraffaele: NYLJ, p. 22, col. 4 (8/25/93) (Civ. Ct. NY; Omansky, J)

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