Tenant Didn't Ask for Fees

July 31, 1995

LVT Number: 9865

Landlord sued to evict tenant. The court ruled against landlord. Tenant then appealed, demanding attorney's fees. Tenant claimed his legal fees were $8,675---55 hours at $150 per hour. The court ruled against tenant. Although tenant's lease provided for attorney's fees, tenant never demanded them during the course of the trial. The court noted that tenant could bring a different action to recover attorney's fees, even if he wasn't entitled to raise the issue in his appeal of the eviction decision.

Landlord sued to evict tenant. The court ruled against landlord. Tenant then appealed, demanding attorney's fees. Tenant claimed his legal fees were $8,675---55 hours at $150 per hour. The court ruled against tenant. Although tenant's lease provided for attorney's fees, tenant never demanded them during the course of the trial. The court noted that tenant could bring a different action to recover attorney's fees, even if he wasn't entitled to raise the issue in his appeal of the eviction decision.

Howard Owners, Inc. v. Ralin: NYLJ, p. 27, col. 6 (7/20/95) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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