Landlord Gets Fees in Owner Occupancy Case

April 30, 1996

LVT Number: 10529

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. The court ruled for landlord but refused to grant him attorney's fees. The court found that the case was ''so close'' that it would be an abuse of discretion to grant attorney's fees. Landlord appealed. The appeals court ruled for landlord. Landlord won the case and was entitled to attorney's fees in accordance with the terms of tenant's lease.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. The court ruled for landlord but refused to grant him attorney's fees. The court found that the case was ''so close'' that it would be an abuse of discretion to grant attorney's fees. Landlord appealed. The appeals court ruled for landlord. Landlord won the case and was entitled to attorney's fees in accordance with the terms of tenant's lease.

Monacelli v. Farrington: NYLJ, p. 25, col. 2 (4/10/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

Topics

More like this