Lease Didn't Provide for Attorney's Fees

Landlord sued to evict tenant. The court ruled for landlord. Landlord then asked the court for attorney's fees. The court ruled for landlord and ordered a hearing to determine the reasonable amount of fees to be awarded. Tenant appealed, claiming that landlord wasn't entitled to attorney's fees. The appeals court ruled for tenant. The lease between landlord and tenant didn't specifically provide for attorney's fees. It only stated, in one provision, that tenant will remain liable for any damages arising from tenant's default and, in another provision, that any reasonable expenses incurred by landlord resulting from tenant's failure to perform any obligations under the lease would be deemed additional rent due. So landlord couldn't get attorney's fees.

Neighborhood Partnership Hous. Dev. Fund Co., Inc. v. Okolie: NYLJ, 8/24/05, p. 26, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)