Attorney's Fees Award to Tenant Excessive

LVT Number: #26283

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, who appealed and lost. Tenant asked for attorneys’ fees and was awarded $49,470. Landlord appealed, claiming the award was excessive. The court ruled against landlord, who appealed and won. The court’s award of attorney’s fees in connection with tenant’s defense against landlord’s appeal of the original court order was too high since it included fees for tenant’s unsuccessful motions. The award was reduced to $33,575.

 

 

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, who appealed and lost. Tenant asked for attorneys’ fees and was awarded $49,470. Landlord appealed, claiming the award was excessive. The court ruled against landlord, who appealed and won. The court’s award of attorney’s fees in connection with tenant’s defense against landlord’s appeal of the original court order was too high since it included fees for tenant’s unsuccessful motions. The award was reduced to $33,575.

 

 

 

 

Megan Holding LLC v. Conason: 48 Misc.3d 128(A), 2015 NY Slip Op 50952(U) (App. T. 1 Dept.; 6/25/15; Lowe III, PJ, Schoenfeld, Shulman, JJ)