No Fees to Landlord for Hearing on Breach of Tenant's Settlement Agreement

Landlord sued to evict tenant for nuisance. Landlord and tenant signed a settlement agreement in court that delayed tenant's eviction on the condition that tenant stop the nuisance behavior. The agreement also required tenant to pay attorney's fees to landlord and required landlord to go back to court before executing an eviction warrant if tenant breached the agreement. But the agreement was silent on attorney's fees connected with a claim of a breach of the agreement. Tenant later breached the agreement, and landlord went back to court. After a hearing, the court ruled that landlord could execute the eviction warrant. Tenant appealed and lost. Landlord later asked for attorney's fees in connection with the court hearing on tenant's breach of the agreement and defeating tenant's appeal of the court's order allowing it to execute the eviction warrant. The court ruled for landlord in part. Landlord was entitled to attorney's fees for opposing tenant's appeal. But landlord couldn't collect attorney's fees for the cost of a hearing resulting from a breach of the second agreement.

Sacchetti v. Rosen: NYLJ, 3/6/02, p. 19, col. 2 (Civ. Ct. NY; Elsner, J)