Award to Tenant Reduced

May 31, 1995

LVT Number: 9723

Landlord sued to evict tenant. The court ruled against landlord and gave tenant a 20 percent rent abatement totalling $3,700 and $10,000 for pain and suffering. The court also awarded tenant $42,700 in attorney's fees. Landlord appealed. After considering the nature of the proceeding, the issues involved, the amount of tenant's recovery, and her attorney's hourly rate, the appeals court found the attorney's fees awarded to be excessive. The court reduced the amount of the attorney's fees to $27,000.

Landlord sued to evict tenant. The court ruled against landlord and gave tenant a 20 percent rent abatement totalling $3,700 and $10,000 for pain and suffering. The court also awarded tenant $42,700 in attorney's fees. Landlord appealed. After considering the nature of the proceeding, the issues involved, the amount of tenant's recovery, and her attorney's hourly rate, the appeals court found the attorney's fees awarded to be excessive. The court reduced the amount of the attorney's fees to $27,000.

Lynch v. Leibman: NYLJ, p. 25, col. 2 (5/31/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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