Family Member Gets Fees in Pass-On Case

July 31, 1998

LVT Number: 12500

Landlord sued to evict family member after rent-stabilized tenant died. The court ruled for family member, finding that she had pass-on rights. Family member then asked the court for attorney's fees. The court ruled for family member and awarded her $39,000. Landlord appealed, claiming family member wasn't entitled to attorney's fees because she didn't have a lease with landlord at the time the case was started. The appeals court ruled against landlord. Tenant's lease contained a clause stating that all the lease terms would apply to landlord's or tenant's successors.

Landlord sued to evict family member after rent-stabilized tenant died. The court ruled for family member, finding that she had pass-on rights. Family member then asked the court for attorney's fees. The court ruled for family member and awarded her $39,000. Landlord appealed, claiming family member wasn't entitled to attorney's fees because she didn't have a lease with landlord at the time the case was started. The appeals court ruled against landlord. Tenant's lease contained a clause stating that all the lease terms would apply to landlord's or tenant's successors. The lease also contained a provision for attorney's fees. Since the court gave family member the right to renew tenant's lease, she was entitled to attorney's fees. But the court reduced the amount of attorney's fees owed to $7,500.

Fisher v. Bandler: NYLJ, p. 28, col. 6 (7/13/98) (App. T. 1 Dept.; Parness, McCooe, Freedman, JJ)

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