Landlord Gets Fees in Nonpayment Proceeding

September 30, 1993

LVT Number: 8197

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, who then asked tenant for attorney's fees. A hearing date was set for three weeks later. Tenant asked the court not to award any attorney's fees because he'd paid the rent arrears by the time of the hearing. The court denied tenant's request, and tenant appealed. The appeals court ruled against tenant. Tenant's lease allowed landlord to recover attorney's fees, and landlord had demanded attorney's fees in its nonpayment petition.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, who then asked tenant for attorney's fees. A hearing date was set for three weeks later. Tenant asked the court not to award any attorney's fees because he'd paid the rent arrears by the time of the hearing. The court denied tenant's request, and tenant appealed. The appeals court ruled against tenant. Tenant's lease allowed landlord to recover attorney's fees, and landlord had demanded attorney's fees in its nonpayment petition. Tenant's payment didn't prevent landlord from pursuing a claim for attorney's fees; landlord was the prevailing party in the lawsuit.

Masbel Realty Corp. v. Birnbaum: NYLJ, p. 22, col. 1 (9/21/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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