New Hearing on Fees Ordered

March 1, 1999

LVT Number: 13022

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. Tenant didn't appear at the attorney's fees hearing. The court awarded landlord $49,000 in attorney's fees. Tenant appealed, claiming that he hadn't willfully not appeared and that his attorneys had made an error. The appeals court ruled for tenant and reopened the case for a new hearing. Tenant showed a reasonable excuse for his not appearing at the hearing, and there were genuine questions as to the amount and reasonableness of the attorney's fees award.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. Tenant didn't appear at the attorney's fees hearing. The court awarded landlord $49,000 in attorney's fees. Tenant appealed, claiming that he hadn't willfully not appeared and that his attorneys had made an error. The appeals court ruled for tenant and reopened the case for a new hearing. Tenant showed a reasonable excuse for his not appearing at the hearing, and there were genuine questions as to the amount and reasonableness of the attorney's fees award.

390 West End Assocs. v. Lazzarino: NYLJ, p. 28, col. 6 (2/4/99) (Freedman, JP, Davis, J)

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