No Proof of Lease Authorizing Attorney's Fees

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court ruled against landlord because his termination notice was insufficient. Tenant then requested attorney's fees. The court ruled against tenant. Although tenant won the case, there was no proof that tenant had a lease that required payment of attorney's fees to the prevailing party in a landlord-tenant proceeding. Tenant couldn't find a copy of her initial 1992 lease. Landlord also claimed that she couldn't find a copy of tenant's initial lease. Landlord said that, in any event, she mistakenly gave tenant a rent-stabilized renewal lease form in 1992, not a full form lease. Tenant argued that in her petition, landlord claimed that she was entitled to attorney's fees if she won the case under the terms of tenant's lease. But the statements in landlord's petition were all made "on information and belief." So this statement couldn't be treated as a formal admission that tenant's lease contained an attorney's fees clause.

Schwartz v. Lambise: NYLJ, 1/24/08, p. 26, col. 1 (Civ. Ct. NY; Jackman Brown, J)