Landlord Gets Fees for ‘7-A' Proceeding

April 30, 1996

LVT Number: 10527

Tenant sued landlord, requesting that a 7-A administrator be appointed to manage the building. The court ruled against tenant and awarded landlord attorney's fees. Tenant appealed. The appeals court again ruled against tenant. Since there was an attorney's fee clause in tenant's lease, tenant would have been entitled to attorney's fees if she had successfully obtained a 7-A administrator. Therefore landlord was entitled to such fees after successfully defending against the appointment.

Tenant sued landlord, requesting that a 7-A administrator be appointed to manage the building. The court ruled against tenant and awarded landlord attorney's fees. Tenant appealed. The appeals court again ruled against tenant. Since there was an attorney's fee clause in tenant's lease, tenant would have been entitled to attorney's fees if she had successfully obtained a 7-A administrator. Therefore landlord was entitled to such fees after successfully defending against the appointment.

Thenebe v. Ansonia Assocs.: NYLJ, p. 26, col. 6 (4/18/96) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Nardelli, Tom, JJ)

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