Tenant Agreed to Vacate in Exchange for Reduced Attorney's Fees Award

April 20, 2015

LVT Number: #26095

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. After lengthy proceedings, the court ruled for landlord, and landlord's request for attorney's fees was settled by a court-ordered stipulation. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant owed landlord $150,000 in attorney's fees after the case ended. Landlord agreed to reduce the fees to $29,000 if tenant moved out. The settlement agreement was valid and would be enforced.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. After lengthy proceedings, the court ruled for landlord, and landlord's request for attorney's fees was settled by a court-ordered stipulation. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant owed landlord $150,000 in attorney's fees after the case ended. Landlord agreed to reduce the fees to $29,000 if tenant moved out. The settlement agreement was valid and would be enforced.

Fav 45 LLC v. McBain: Index No. 59732/2010, NYLJ No. 1202720126104 (Civ. Ct. NY; 2/13/15; Stoller, J)

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