Legal Fees Deducted from Possessing Judgment

May 31, 1995

LVT Number: 9724

Landlord sued to evict tenant. The court ruled for landlord, awarding possession, and $1,900 to cover both back rent and $900 in legal fees. Tenant appealed. The court ruled for tenant in part. It was an error for the court to include legal fees as part of the nonpayment award, because tenant was rent-stabilized. The possessory judgment was reduced to $1,000 and a separate money judgment of $900 was awarded to landlord.

Landlord sued to evict tenant. The court ruled for landlord, awarding possession, and $1,900 to cover both back rent and $900 in legal fees. Tenant appealed. The court ruled for tenant in part. It was an error for the court to include legal fees as part of the nonpayment award, because tenant was rent-stabilized. The possessory judgment was reduced to $1,000 and a separate money judgment of $900 was awarded to landlord.

Newshan v. Baranowski: NYLJ, p. 31, col. 6 (5/31/95) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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