Landlord Gets Fees in Nonpayment Case

April 30, 2001

LVT Number: 14911

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that the amount of the judgment was wrong. The appeals court ruled for tenant and reduced the judgment. Landlord then asked for attorney's fees. Tenant claimed that landlord didn't win the case, so he wasn't entitled to attorney's fees. The court ruled for landlord. Tenant appealed and lost. Even though the amount of rent owed was reduced, landlord won the case, and tenant was responsible for landlord's attorney's fees under the terms of his lease.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that the amount of the judgment was wrong. The appeals court ruled for tenant and reduced the judgment. Landlord then asked for attorney's fees. Tenant claimed that landlord didn't win the case, so he wasn't entitled to attorney's fees. The court ruled for landlord. Tenant appealed and lost. Even though the amount of rent owed was reduced, landlord won the case, and tenant was responsible for landlord's attorney's fees under the terms of his lease.

Edelman v. Omayad: NYLJ, 4/23/01, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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