Landlord Seeks Attorney's Fees After Tenant Evicted

Landlord sued to evict tenant for keeping a pet in violation of his lease. The court ruled for landlord, and tenant was evicted. Landlord later brought a new court action against tenant for attorney's fees incurred in the eviction proceeding. Tenant asked the court to dismiss the claim. The court ruled against tenant, who appealed. The appeals court ruled for tenant in part. Landlord was the prevailing party in the case, and tenant's lease allowed recovery of attorney's fees in connection with an eviction proceeding. But landlord should have sought attorney's fees that accrued before judgment through the eviction case. Landlord couldn't split the claim. As to attorney's fees incurred after judgment in the eviction case, landlord was entitled to seek them in the new court action.

Landmark Properties v. Olivo: NYLJ, 6/1/09, p. 34, col. 4 (App. Div. 2 Dept.; Fisher, JP, Covello, Dickerson, Leventhal, JJ)