Landlord Gets Attorney’s Fees in Eviction Case

February 22, 2016

LVT Number: #26822

Landlord cooperative corporation sued to evict shareholder tenant for making apartment alterations in violation of her proprietary lease and house rules. The trial court ruled for landlord and then awarded landlord attorney’s fees in the amount of $32,328. Tenant created and failed to repair a condition consisting of open and unfinished floor beneath altered walls. This exposed subflooring created a gap parallel to the walls. Tenant also failed to reinstall the door to the bedroom or to restore a closet in the bedroom.

Landlord cooperative corporation sued to evict shareholder tenant for making apartment alterations in violation of her proprietary lease and house rules. The trial court ruled for landlord and then awarded landlord attorney’s fees in the amount of $32,328. Tenant created and failed to repair a condition consisting of open and unfinished floor beneath altered walls. This exposed subflooring created a gap parallel to the walls. Tenant also failed to reinstall the door to the bedroom or to restore a closet in the bedroom. Landlord was the prevailing party, tenant didn’t dispute landlord’s charges or the amount of the fees, and the court found that the fees were reasonable. 

 

 

 
29-33 Convent Avenue HDFC v. Bost: 50 Misc.3d 1207(A), 2016 NY Slip Op 5000(U) (Civ. Ct. NY; 1/6/16; Kraus, J)

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