Hearing Required on Fees in Subletting Case

March 1, 1997

LVT Number: 11270

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed. Tenant's lease didn't contain an attorney's fees provision. The appeals court found that tenant could still get attorney's fees, if the trial court stated the basis on which the fees were awarded. The appeals court sent the case back for a hearing on that issue.

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed. Tenant's lease didn't contain an attorney's fees provision. The appeals court found that tenant could still get attorney's fees, if the trial court stated the basis on which the fees were awarded. The appeals court sent the case back for a hearing on that issue.

Stanley v. Hawkins: NYLJ, p. 25, col. 3 (2/25/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

Topics

More like this