Settlement Agreement Didn't Provide for Fees

February 1, 2003

LVT Number: 16364

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to pay $23,000 in back rent after getting some rent abatement. Landlord and tenant agreed that the question of the amount of the legal regulated rent would be set aside for future litigation. The agreement said nothing about attorney's fees. Tenant later asked the court to award him attorney's fees. The court ruled against tenant. Tenant appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to pay $23,000 in back rent after getting some rent abatement. Landlord and tenant agreed that the question of the amount of the legal regulated rent would be set aside for future litigation. The agreement said nothing about attorney's fees. Tenant later asked the court to award him attorney's fees. The court ruled against tenant. Tenant appealed and lost. Since the settlement agreement didn't state anything about attorney's fees, they are deemed waived.

Harmir Realty Co. v. Tesa: NYLJ, 1/14/03, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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