Landlord Gets Over $336,000 for Nonpayment Case

(Decision submitted by Luise A. Barrack of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Facts: Landlord co-op corporation sued to evict tenant-shareholder for nonpayment of rent. Tenant had refused to pay a maintenance increase and special assessment. Landlord won and asked for attorney's fees. Court: Landlord wins. The court awarded landlord over $336,000 in attorney's fees. Tenant, a real estate attorney, used aggressive defense tactics at every stage of the proceedings. This was clearly intended to hurt landlord economically and to force landlord to pay excessive legal fees. Landlord's attorney showed that over 2,000 hours of attorney time were spent on the case over a four-year period. The fact that the legal fees were greater than the amount of back rent awarded didn't make the fees awarded unreasonable.

1050 Tenants Corp. v. Lapidus: NYLJ, p. 25, col. 2 (10/10/96) (Civ. Ct. NY; Shulman, J)