No Proof that Lease Had Attorney's Fees Clause

April 1, 2000

LVT Number: 13963

Landlord sued to evict tenant. The court ruled against landlord. Tenant then asked for attorney's fees since he was the prevailing party. The court ruled for tenant. Landlord appealed, claiming that there was no lease clause providing for attorney's fees. The appeals court ruled for landlord. Neither landlord nor tenant had submitted a copy of tenant's original lease to the trial court. Without a lease clause giving landlord a right to attorney's fees if it won the case, there can be no similar right to attorney's fees claimed by tenant.

Landlord sued to evict tenant. The court ruled against landlord. Tenant then asked for attorney's fees since he was the prevailing party. The court ruled for tenant. Landlord appealed, claiming that there was no lease clause providing for attorney's fees. The appeals court ruled for landlord. Neither landlord nor tenant had submitted a copy of tenant's original lease to the trial court. Without a lease clause giving landlord a right to attorney's fees if it won the case, there can be no similar right to attorney's fees claimed by tenant.

Fifth Ave. Development Co., LLC v. Kerin: NYLJ, 3/6/00, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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