Landlord Entitled to Attorney's Fees

March 1, 2008

LVT Number: #20231

Landlord sued to evict tenant for violating their lease agreement. During the trial, tenant cured the violation and dropped her waiver defense. Landlord then asked for attorney's fees. The court ruled for landlord. Tenant appealed and lost. Landlord prevailed on its claim that tenant had violated her lease. Tenant didn't cure until the time of trial. It didn't matter that there was no formal ruling on the merits of the case.

Landlord sued to evict tenant for violating their lease agreement. During the trial, tenant cured the violation and dropped her waiver defense. Landlord then asked for attorney's fees. The court ruled for landlord. Tenant appealed and lost. Landlord prevailed on its claim that tenant had violated her lease. Tenant didn't cure until the time of trial. It didn't matter that there was no formal ruling on the merits of the case.

60 West 57th Inc. v. Adams: NYLJ, 2/6/08, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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