ATTORNEY'S FEES

Tenant Can't Rely on Nonbinding Lease Agreement to Get Attorney's Fees

August 12, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case but denied tenant's request for attorney's fees. Tenant appealed and lost. Real Property Law...

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. Landlord later discontinued the case without prejudice in order to avoid a court-ordered traverse hearing based on tenant's claim of improper service of...

Tenant Gets Attorney Fees Where Landlord Produced Contrary Lease Rider Too Late

July 22, 2019    

Landlord sued to evict tenant for creating a nuisance. The court ruled against landlord and set the case down for a hearing months later on the amount of attorney's fees to be granted to tenant under the terms of...

Proprietary Lease Provision Was Unenforceable

December 26, 2018    

Cooperative shareholder tenant sued landlord co-op for failing to transfer shares to her for another apartment in the building owned by her husband. In response, landlord counterclaimed for attorney's fees. The...

Landlord Can't Get Attorney's Fees for Eviction Case

December 21, 2018    

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date...

Tenant Gets Attorney's Fees After Landlord Abandons Eviction Case

November 27, 2018    

Landlord sued to evict tenant for creating a nuisance. During a traverse hearing, landlord and tenant agreed to discontinue the case, leaving tenant's request for attorney's fees to be decided by the court....

Attorney's Fees Awarded to Landlord in the Amount of $550 per Hour

September 19, 2018    

Landlord sued to evict tenant for performing illegal alterations in his apartment. The court ruled for landlord and awarded a judgment of possession. Landlord then sought attorneys' fees in the amount of $650 per...

Landlord Can't Get Attorney's Fees for Settled Case

May 27, 2018    

Landlord sued to evict tenant for failing to keep his apartment in good condition and in compliance with fire codes because the apartment had become unsanitary and cluttered. At some point while the case was pending...

No Attorney's Fees for Tenant Who Admitted Maintenance Payment Default

May 26, 2018    

Landlord cooperative corporation sued to evict proprietary lessee tenant for nonpayment of maintenance fees. The case was dismissed because tenant paid the fees due while the case was pending. Tenant then asked for...

Condo Unit Owner Has No Reciprocal Right to Attorney's Fees

July 26, 2017    

Landlord condominium board sued to evict condo unit owner and obtained from the court a judgment of possession and a money judgment for $24,000. Condo owner appealed and won, so the case was dismissed along with the...

New Hearing Needed to Determine Reasonable Attorney's Fees

April 25, 2017    

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord without a trial, and awarded tenant $262,000 in attorney's fees as the prevailing party. Landlord appealed, and the case was...

Tenant Gets Attorney's Fees After Owner Use Case Dismissed

January 24, 2017    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court ruled against landlord. Tenant and landlord then both asked for attorney’s fees. The court ruled...