Landlord Gets Attorney's Fees for Nonpayment Case

March 1, 1995

LVT Number: 9494

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court denied the request, and landlord appealed. The appeals court sent the case back to the trial court to determine reasonable attorney's fees. Tenant had agreed to pay all the back rent due, and had dropped all his defenses to the nonpayment claim. So, landlord had won the case, and was entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court denied the request, and landlord appealed. The appeals court sent the case back to the trial court to determine reasonable attorney's fees. Tenant had agreed to pay all the back rent due, and had dropped all his defenses to the nonpayment claim. So, landlord had won the case, and was entitled to attorney's fees.

Simkowitz v. Moir: NYLJ, p. 27, col. 3 (2/6/95)(App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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