Landlord Gets Attorney's Fees in Case Settled by Stipulation

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay substantial back rent owed without a setoff or rent abatement. Landlord later asked the court for attorney's fees and repair charges assessed against tenant. The court ruled for landlord in part, granting the repair charges but denying attorney's fees. Landlord appealed and won. Even though the possessory judgment was vacated after tenant paid the rent arrears owed, landlord still was the prevailing party and therefore was entitled to reasonable attorney's fees. The case was sent back to housing court to determine the amount.

1974-76 LaFontaine Avenue Terrace Corp. v. Rogers: NYLJ, 12/2/10, p. 30, col. 3 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)