Landlord Gets Fees in Nonpayment Case

December 1, 2001

LVT Number: 15416

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. The court ruled for landlord but refused to award landlord attorney's fees. Landlord appealed and won. In a separate appeal, landlord was awarded additional rent for window replacement costs payable under tenant's occupancy agreement. So landlord clearly was the prevailing party. Tenant claimed that he didn't sign the occupancy agreement, and so, couldn't be charged attorney's fees under it. But this was a form agreement issued to all tenants, and tenant didn't dispute the terms of the agreement.

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. The court ruled for landlord but refused to award landlord attorney's fees. Landlord appealed and won. In a separate appeal, landlord was awarded additional rent for window replacement costs payable under tenant's occupancy agreement. So landlord clearly was the prevailing party. Tenant claimed that he didn't sign the occupancy agreement, and so, couldn't be charged attorney's fees under it. But this was a form agreement issued to all tenants, and tenant didn't dispute the terms of the agreement.

Strycker's Bay Apts., Inc. v. Sharpe: NYLJ, 11/16/01, p. 20, col. 3 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

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