Landlord Waived Attorney's Fees Not Sought in Settlement

August 31, 2007

LVT Number: #19822

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later got the case reopened. Landlord and tenant then signed a settlement agreement in court, vacating the judgment and discontinuing the nonpayment proceeding. Landlord then requested attorney's fees. The court ruled against landlord. Landlord appealed and lost. Landlord didn't reserve the right to seek attorney's fees in the settlement agreement. So landlord was deemed to have waived the right to do so.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later got the case reopened. Landlord and tenant then signed a settlement agreement in court, vacating the judgment and discontinuing the nonpayment proceeding. Landlord then requested attorney's fees. The court ruled against landlord. Landlord appealed and lost. Landlord didn't reserve the right to seek attorney's fees in the settlement agreement. So landlord was deemed to have waived the right to do so.

Rosewohl Enterprises, LLC v. Gluck: NYLJ, 8/8/07, p. 35, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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