Co-op Tenant's Claim for Attorney's Fees Is Premature

April 30, 2007

LVT Number: #19551

Tenant bought a co-op apartment and agreed to take it in "as is" condition. Tenant also agreed to be responsible for the painting and decorating required, and for maintenance and repair of the apartment interior. HPD later found 21 housing code violations in tenant's apartment, some of which related to maintenance of the interior of the apartment. Tenant sued landlord cooperative corporation, seeking repairs. Landlord and tenant signed a settlement agreement by which landlord agreed to make certain repairs to the apartment. Tenant then asked the court for attorney's fees.

Tenant bought a co-op apartment and agreed to take it in "as is" condition. Tenant also agreed to be responsible for the painting and decorating required, and for maintenance and repair of the apartment interior. HPD later found 21 housing code violations in tenant's apartment, some of which related to maintenance of the interior of the apartment. Tenant sued landlord cooperative corporation, seeking repairs. Landlord and tenant signed a settlement agreement by which landlord agreed to make certain repairs to the apartment. Tenant then asked the court for attorney's fees. The court ruled against tenant. Tenant appealed and lost. There was no final ruling or agreement yet on what repairs were done and who was responsible for each. Therefore, tenant's request for attorney's fees was premature.

Dorval v. 540 West 146th Street Housing Development Fund Corp.: NYLJ, 4/11/07, p. 26, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Klein Heitler, JJ)

Topics

More like this