No Attorney's Fees Without Proof of Lease Provision

July 7, 2012

LVT Number: #24187

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed the attorney's fee award and won. Neither landlord nor tenant produced a complete original lease, and neither the signature page nor any provision authorizing recovery of attorney's fees was found in the portion of the lease presented to the court. Landlord's nonpayment petition stated that upon information and belief it was entitled to attorney's fees, but this didn't prove anything.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed the attorney's fee award and won. Neither landlord nor tenant produced a complete original lease, and neither the signature page nor any provision authorizing recovery of attorney's fees was found in the portion of the lease presented to the court. Landlord's nonpayment petition stated that upon information and belief it was entitled to attorney's fees, but this didn't prove anything.

1781 Riverside LLC v. Castillo: NYLJ, 6/29/12, p. 26, col. 1 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

Topics

More like this