Landlord Gets Attorney's Fees

(Decision submitted by Susan Baumel-Cornicello, of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Facts: Landlord cooperative corporation sued co-op tenant and asked the court to prevent tenant from entering the apartment. Landlord also sought eviction for nuisance. The fire department had issued a vacate order. The court ruled that, while the case was pending, tenant couldn't sublet the apartment or let other people use it. She was also directed not to harass landlord's employees or directors of the co-op. Landlord and tenant later signed a settlement stipulation in court. Tenant agreed to stop passing out building keys to outside parties, placing garbage in the alleyway outside the building, and renting out the apartment. Landlord's claim for ejectment was dismissed. The court ruled that landlord should go to housing court to pursue eviction. Landlord asked the court for attorney's fees. Court: Landlord wins. Landlord obtained the primary relief it sought in the case. The settlement agreement stated that landlord could seek attorney's fees. And while tenant didn't admit to engaging in any of the offensive conduct claimed by landlord, she didn't deny landlord's claims. A hearing was ordered to determine the amount of attorney's fees due landlord.

515 Edgecombe Owners Corp. v. Fuentes: Index No. 300112 TSN 2006 (2/1/07) (Civ. Ct. N.Y.; Engoron, J) [3-pg. doc.]