Tenant Gets Fees in Nonpayment Case

April 1, 1996

LVT Number: 10458

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and granted landlord attorney's fees. Tenant appealed the award of attorney's fees. The appeals court ruled against tenant. Landlord had asked for attorney's fees from the beginning and never abandoned this claim. Landlord's request for attorney's fees was merely held open pending resolution of the case. Tenant didn't object when the court severed the fee claim. Tenants even took advantage of the severance issue to postpone the fee hearing.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and granted landlord attorney's fees. Tenant appealed the award of attorney's fees. The appeals court ruled against tenant. Landlord had asked for attorney's fees from the beginning and never abandoned this claim. Landlord's request for attorney's fees was merely held open pending resolution of the case. Tenant didn't object when the court severed the fee claim. Tenants even took advantage of the severance issue to postpone the fee hearing.

1050 Tenant's Corp. v. Lapidus: NYLJ, p. 25, col. 3 3/8/96 (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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