Hearing Required on Fees Due Landlord

April 30, 1998

LVT Number: 12277

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court awarded landlord $1,500 in attorney's fees. Landlord appealed, claiming it was entitled to a higher amount. Landlord had claimed $12,000 in attorney's fees following the trial. Landlord's petition had asked for not less than $1,500. The trial court set the amount of attorney's fees without holding a hearing.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court awarded landlord $1,500 in attorney's fees. Landlord appealed, claiming it was entitled to a higher amount. Landlord had claimed $12,000 in attorney's fees following the trial. Landlord's petition had asked for not less than $1,500. The trial court set the amount of attorney's fees without holding a hearing. The appeals court ruled for landlord and sent the case back for a hearing because the trial court had given no explanation for its decision on the amount of the attorney's fees.

Pysher v. Goettmann: NYLJ, p. 29, col. 2 (4/23/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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