Landlord Gets Fees in

Landlord sued to evict tenant. Tenant claimed he was rent-stabilized, but landlord argued that the building was exempt because it contained fewer than six apartments. The trial court and appeals court ruled for landlord. Landlord then asked for attorney's fees. The court ruled against landlord. The court found that tenant became a month-to-month tenant after his last stabilized lease expired. So the terms of tenant's lease, including an attorney's fees provision, no longer applied. The appeals court reversed and ruled for landlord on the attorney's fees issue. Landlord wasn't obligated to offer tenant a renewal lease, given the finding that the building was exempt. Landlord could recover attorney's fees under the terms of the expired lease. The case was sent back to the trial court to determine the amount of attorney's fees.

Duell v. Roberts: NYLJ, p. 28, col. 2 (4/3/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)