Granddaughter Gets Attorney's Fees in Succession Case

Landlord sued to evict the granddaughter of deceased rent-controlled tenant. She claimed succession rights and won. The granddaughter then asked for attorney's fees. Landlord objected, pointing out that there was no original lease agreement stating that the prevailing party had a right to attorney's fees. But the court ruled for granddaughter. Landlord appealed and lost. The copy of the 1943 lease agreement was credible proof. The granddaughter testified that she made a diligent, although unsuccessful search for the original lease and hadn't acted in bad faith by losing or destroying the original. The copy accurately reflected the terms of the original, many of which also were listed in 1943 government records of the apartment's registration. A handwriting expert produced by the granddaughter also testified that the signature of the prior landlord on the lease copy appeared to be genuine.

Roxborough Apartments Corp. v. Kalish: 42 Misc.3d 144(A), 2014 NY Slip Op 50277(U) (App. T. 1 Dept.; 2/28/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)