No Proof of Attorney's Fees Lease Clause

September 30, 2000

LVT Number: 14416

Landlord sued to evict tenant. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed, pointing out that neither landlord nor tenant had produced an original copy of tenant's lease in court. The appeals court ruled for landlord and revoked the attorney's fees award. There was no proof submitted to the court of an attorney's fees lease clause. So there were no grounds to award tenant attorney's fees.

Landlord sued to evict tenant. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed, pointing out that neither landlord nor tenant had produced an original copy of tenant's lease in court. The appeals court ruled for landlord and revoked the attorney's fees award. There was no proof submitted to the court of an attorney's fees lease clause. So there were no grounds to award tenant attorney's fees.

Partnership 92 West v. Wood: NYLJ, 9/8/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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