Tenant Can Submit Proof of Fees for Illegal Sublet Case

November 1, 2005

LVT Number: 18413

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled against tenant. At a hearing, tenant didn't produce a witness from his former attorney's office. Tenant appealed and won. Tenant did produce itemized attorney's bills corresponding to the case. The case was sent back to permit tenant to produce a witness from his former attorney's office or to otherwise prove the reasonable value of his attorney's fees.

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled against tenant. At a hearing, tenant didn't produce a witness from his former attorney's office. Tenant appealed and won. Tenant did produce itemized attorney's bills corresponding to the case. The case was sent back to permit tenant to produce a witness from his former attorney's office or to otherwise prove the reasonable value of his attorney's fees.

Hudson St. Equities Group, Inc. v. Escoffier: NYLJ, 10/12/05, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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