Landlord Gets Fees for Eviction Case

LVT Number: 9792

Landlord sued to evict tenant after tenant's lease ended. Tenant wasn't rent-stabilized so landlord was entitled to refuse to renew the lease. Tenant moved out after landlord started eviction proceedings. The trial court ruled for landlord and awarded him attorney's fees. Tenant appealed and lost. The court action resulted in a judgment for landlord; therefore landlord was properly awarded attorney's fees under tenant's lease. And the amount of the award was reasonable. The court refused, however, to award landlord additional attorney's fees for defending against tenant's appeal.

Landlord sued to evict tenant after tenant's lease ended. Tenant wasn't rent-stabilized so landlord was entitled to refuse to renew the lease. Tenant moved out after landlord started eviction proceedings. The trial court ruled for landlord and awarded him attorney's fees. Tenant appealed and lost. The court action resulted in a judgment for landlord; therefore landlord was properly awarded attorney's fees under tenant's lease. And the amount of the award was reasonable. The court refused, however, to award landlord additional attorney's fees for defending against tenant's appeal.

Solow v. Barnhart: NYLJ, p. 25, col. 2 (6/21/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)