Landlord Gets Attorneys' Fees in Lease Violation Case

February 22, 2016

LVT Number: #26823

Landlord sued tenant for a lease violation. The court ruled for landlord, finding that tenant breached its lease. The court denied landlord’s request for attorneys' fees, finding that a lease provision for arbitration applied. Landlord appealed and won. Landlord’s request for attorneys’ fees is governed by the lease provision that, if tenant defaults in the performance of a term of the lease, landlord is entitled to attorneys' fees. Tenant claimed that another lease clause, concerning arbitration, governed. But the parties didn’t arbitrate.

Landlord sued tenant for a lease violation. The court ruled for landlord, finding that tenant breached its lease. The court denied landlord’s request for attorneys' fees, finding that a lease provision for arbitration applied. Landlord appealed and won. Landlord’s request for attorneys’ fees is governed by the lease provision that, if tenant defaults in the performance of a term of the lease, landlord is entitled to attorneys' fees. Tenant claimed that another lease clause, concerning arbitration, governed. But the parties didn’t arbitrate. They litigated in court, and landlord was entitled to attorneys’ fees under the governing lease clause.

 

 

 
Vornado 40 E. 66th Street Member LLC v. Krizia Spa: 2016 NY Slip Op 00592, 2016 WL 326115 (App. Div. 1 Dept.; 1/28/16; Mazzarelli, JP, Acosta, Andrias, Richter, JJ)

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