Co-op Tenant Must Pay Eviction Case Attorney's Fees

Landlord sued to evict co-op shareholder-tenant based on illegal subletting. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a possessory judgment, and gave tenant a chance to find a buyer for the apartment. Tenant also agreed to pay reasonable attorney’s fees. Landlord later asked the court to clarify the attorney’s fee agreement. The court agreed with landlord that the attorney’s fees would come out of tenant’s portion of the apartment sale proceeds. Regulations governing the building required any sale proceeds to be divided, with 40 percent to the city, 30 percent to landlord, and 30 percent to tenant. Tenant appealed and lost. Tenant disputed the interpretation of the agreement. But the settlement agreement called for tenant, and only tenant, to pay landlord’s legal fees. The court reasonably interpreted the agreement.

557-563 HDFC v. Howard: NYLJ, 8/2/10, p. 25, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, J)