Landlord Can't Vacate Default on Attorney's Fees Hearing

January 1, 2002

LVT Number: 15520

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, since tenant showed he had paid the rent before the start of the eviction case. Tenant then asked for attorney's fees. The court ruled for tenant based on landlord's failure to appear for the attorney's fees hearing. Landlord appealed and lost. Landlord's attorney had asked for several delays of the hearing date. So landlord couldn't claim as an excuse that its attorney misunderstood when the hearing was to take place.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, since tenant showed he had paid the rent before the start of the eviction case. Tenant then asked for attorney's fees. The court ruled for tenant based on landlord's failure to appear for the attorney's fees hearing. Landlord appealed and lost. Landlord's attorney had asked for several delays of the hearing date. So landlord couldn't claim as an excuse that its attorney misunderstood when the hearing was to take place.

Windsor Plaza LLC v. Pereire: NYLJ, 12/7/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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