1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney's fees. Tenant appealed and won. At trial, tenant presented her 1985 vacancy lease, which should have been admitted into evidence as an ancient document. It was more than 30 years old, there was no indication of fraud or invalidity, and the document was maintained in a natural place of custody. Contrary to the trial court's finding, the inclusion of "non-boilerplate lease language" typed at the top of the lease signature page, rather than in a separate rider, which permitted tenant to store property in the northeastern corner room in the building basement, didn't indicate fraud or invalidity. Landlord's petition acknowledged the existence of the written lease for the apartment and basement storage space. Since the lease contained a provision entitling landlord to attorney's fees, and since tenant was the prevailing party, tenant was entitled to attorney's fees under Real Property Law Section 234.

201 Ave. A Corp v. Rizzo: Index No. 570604/19, 2020 NY Slip Op 50118(U) (App. T. 1 Dept.; 2/3/20; Shulman, PJ, Cooper, J)