Landlord Gets Attorney's Fees Only in Eviction Case

Landlord sued to evict HUD co-op tenant for nonpayment of maintenance fees. The court ruled for landlord and awarded attorney's fees to landlord in the form of a nonpossessory money judgment. Landlord appealed, claiming that the attorney's fees were additional rent and, if unpaid, should be grounds for eviction. The appeals court ruled against landlord. Even if tenant's proprietary lease defined attorney's fees as additional rent or maintenance, landlord waived any right to recover attorney's fees in the form of a possessory judgment when it settled the underlying claim without expressly reserving its right to enforce a claim for attorney's fees by a second possessory judgment.

167-169 Allen Street HDFC v. Franklin: NYLJ, 8/19/10, p. 29, col. 2 (App. T. 1 Dept.; McKeon, PJ, Shulman, J)