Hearing Required on Amount of Fees

June 30, 1995

LVT Number: 9794

Landlord sued to evict co-op tenant for nonpayment of rent. The trial court ruled for landlord and awarded it attorney's fees of $7,500. Tenant appealed, claiming that the amount of the fees was unreasonable. The appeals court sent the case back for a hearing on the amount of the fees. The only proof of landlord's attorney's fees presented to the trial court was the attorney's written billing statements and a statement by landlord that the bills were paid. A hearing was needed to determine if the amount of the legal fees was reasonable.

Landlord sued to evict co-op tenant for nonpayment of rent. The trial court ruled for landlord and awarded it attorney's fees of $7,500. Tenant appealed, claiming that the amount of the fees was unreasonable. The appeals court sent the case back for a hearing on the amount of the fees. The only proof of landlord's attorney's fees presented to the trial court was the attorney's written billing statements and a statement by landlord that the bills were paid. A hearing was needed to determine if the amount of the legal fees was reasonable.

First East Seventh Street Tenants Corp. v. Fitzgerald: NYLJ, p. 29, col. 4 (6/9/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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