Landlord Gets Attorney's Fees in Nonpayment Proceeding

April 16, 2014

LVT Number: #25445

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord and awarded landlord attorney's fees totaling $5,700. Tenant appealed and lost. Since tenant voluntarily paid the full amount of rent arrears after landlord commenced the proceeding, tenant couldn't challenge on appeal landlord's right to maintain the proceeding or to recover attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord and awarded landlord attorney's fees totaling $5,700. Tenant appealed and lost. Since tenant voluntarily paid the full amount of rent arrears after landlord commenced the proceeding, tenant couldn't challenge on appeal landlord's right to maintain the proceeding or to recover attorney's fees. Tenant now claimed that landlord didn't own the building, but proof of ownership wasn't required to maintain a summary eviction case, which authorized a "landlord or lessor" to maintain the proceeding.

Halle Realty Co. v. Abduljaami: 42 Misc.3d 148(A), 2014 NY Slip Op 50390(U) (App. T. 1 Dept.; 3/19/14; Torres, JP, Shulman, Hunter Jr., JJ)

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