New Hearing Required to Determine Reasonableness of Fees

LVT Number: 18166

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord requested attorney's fees. The court again ruled for landlord and awarded $5,000 in attorney's fees, without holding a hearing. Tenant appealed, claiming that a hearing was required. The appeals court ruled for tenant and sent the case back for a hearing on whether the attorney's fees claimed by landlord were reasonable.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord requested attorney's fees. The court again ruled for landlord and awarded $5,000 in attorney's fees, without holding a hearing. Tenant appealed, claiming that a hearing was required. The appeals court ruled for tenant and sent the case back for a hearing on whether the attorney's fees claimed by landlord were reasonable.

Solow Mgmt. Corp. v. Tanger: NYLJ, 6/23/05, p. 25, col. 3 (App. Div. 1 Dept.; Buckley, PJ, Saxe, Nardelli, Williams, JJ)