Landlord Gets Fees for Nuisance Case

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict tenant for nuisance. The court ruled for landlord, and tenant was evicted. Landlord then asked for attorney's fees. The court ruled for landlord on this issue. Landlord had won the case. It didn't matter whether tenant had to pay use and occupancy while the case was pending. Tenant didn't cure the nuisance and was evicted under a warrant resulting from the court's judgment. The court ordered a hearing to determine the amount of attorney's fees to be awarded.

Brand v. Sell: Index No. 100515/93 (9/29/95) (Civ. Ct. NY; Malatzky, J) [4-page document]