Landlord Gets Fees for Attorney's Fees Claim

Landlord sued to evict tenant. The court ruled for landlord and awarded landlord attorney's fees. Tenant then asked the court to vacate the award of attorney's fees. The court ruled against tenant, and landlord asked the court for additional attorney's fees spent defending against tenant's request. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord could recover a ''fee on a fee'' since it was spent to defend against tenant's request to vacate the award of attorney's fees. But the appeals court reduced the amount of the award from $16,000 to $7,500 since the higher amount appeared to be excessive and was more than the amount awarded for the trial itself and a prior appeal.

Masbel Realty Corp. v. Birnbaum: NYLJ, p. 25, col. 3 (6/16/98) (App. T. 1 Dept.; Parness, PJ, McCooe, JJ)