Tenant Didn't Have Original Lease

April 30, 2004

LVT Number: 17268

Landlord sued to evict rent-stabilized tenant for owner occupancy. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled against tenant. Tenant didn't have a copy of his original 1970 lease, so he couldn't prove the lease had an attorney's fees clause. Tenant appealed and lost. Earlier in the case, landlord had claimed that there was a jury waiver clause in the original lease. But landlord didn't have a copy of tenant's original lease, either, and tenant successfully argued that there could be no jury waiver claim without the original lease.

Landlord sued to evict rent-stabilized tenant for owner occupancy. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled against tenant. Tenant didn't have a copy of his original 1970 lease, so he couldn't prove the lease had an attorney's fees clause. Tenant appealed and lost. Earlier in the case, landlord had claimed that there was a jury waiver clause in the original lease. But landlord didn't have a copy of tenant's original lease, either, and tenant successfully argued that there could be no jury waiver claim without the original lease. Tenant couldn't now rely on the same missing lease to claim attorney's fees.

Evans v. Schneider: NYLJ, 4/2/04, p. 29, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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