Landlord Can't Evict Co-op Tenant to Get Attorney's Fees

Landlord cooperative corporation sued to evict tenant co-op apartment owner for nonpayment of maintenance. Landlord and tenant signed a settlement agreement in housing court in which tenant agreed to pay attorney's fees. Landlord later sent tenant a notice of sale of her co-op shares to satisfy a lien for the attorney's fees. Tenant sued landlord in state court. She asked the court to delay the sale and vacate the lien. She claimed that landlord wasn't allowed to do this under the settlement agreement signed in housing court. The court ruled for tenant. Landlord's action would essentially evict tenant, in order to satisfy the lien. But CPLR Section 5206 exempts the co-op apartment, as tenant's home, from creditors. Landlord can't enforce its money judgment for attorney's fees by selling tenant's co-op shares. The settlement agreement didn't say that the attorney's fees were additional rent, and landlord couldn't treat the fees now as additional rent owed.

Travis v. 29-33 Convent Avenue HDFC: NYLJ, 2/27/08, p. 26, col.1 (Sup. Ct. NY; Schlesinger, J)