Landlord Discontinued Case

March 1, 2000

LVT Number: 13890

Landlord sued to evict tenant. The court later allowed landlord to discontinue the case and stated in its order that either side could later seek attorney's fees. The court granted tenant's later request for attorney's fees, and landlord appealed. The appeals court ruled for landlord. Although the court order stated that tenant could seek attorney's fees, there was no attorney's fees clause in tenant's lease. So tenant wasn't entitled to attorney's fees.

Landlord sued to evict tenant. The court later allowed landlord to discontinue the case and stated in its order that either side could later seek attorney's fees. The court granted tenant's later request for attorney's fees, and landlord appealed. The appeals court ruled for landlord. Although the court order stated that tenant could seek attorney's fees, there was no attorney's fees clause in tenant's lease. So tenant wasn't entitled to attorney's fees.

Chris Mac Co. v. Johnson-Ono: NYLJ, 2/16/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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