Tenant Gets Fees in ‘No Pet' Eviction Case

December 1, 1993

LVT Number: 8349

Landlord sued to evict tenant for harboring a pet in violation of her lease. The trial court ruled for tenant because landlord waived the rule by not acting soon enough after knowing tenant had the pet. But the trial court refused to give tenant attorney's fees because tenant won on a technicality. Tenant appealed, claiming she was entitled to attorney's fees under Real Property Law section 234. Tenant's lease contained a clause providing for attorney's fees to landlord if landlord had to start legal proceedings based on tenant's default.

Landlord sued to evict tenant for harboring a pet in violation of her lease. The trial court ruled for tenant because landlord waived the rule by not acting soon enough after knowing tenant had the pet. But the trial court refused to give tenant attorney's fees because tenant won on a technicality. Tenant appealed, claiming she was entitled to attorney's fees under Real Property Law section 234. Tenant's lease contained a clause providing for attorney's fees to landlord if landlord had to start legal proceedings based on tenant's default. The appeals court ruled that since tenant had successfully defended against landlord's claim of default under the lease, tenant could get reasonable attorney's fees.

205 Third Avenue Owners, Inc. v. Ziegler: NYLJ, p. 29, col. 1 (11/22/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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