Landlord Gets Attorney's Fees in Nonpayment Case

April 30, 2008

LVT Number: #20387

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and granted landlord's request for attorney's fees. Tenant appealed, claiming that since the court also delayed enforcement of the eviction, landlord wasn't entitled to attorney's fees. The appeals court ruled against tenant. The delay of the eviction was the court's option and didn't change the fact that landlord was the prevailing party in the case.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and granted landlord's request for attorney's fees. Tenant appealed, claiming that since the court also delayed enforcement of the eviction, landlord wasn't entitled to attorney's fees. The appeals court ruled against tenant. The delay of the eviction was the court's option and didn't change the fact that landlord was the prevailing party in the case.

B&B Manhattan, LLC v. Sack: NYLJ, 4/15/08, p. 33, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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