Tenant Didn't Prove Lease Had Attorney's Fees Clause

January 1, 2001

LVT Number: 14626

Landlord sued to evict tenant. The court ruled for tenant, who then asked for an award of attorney's fees. The court refused to award attorney's fees to tenant because tenant didn't produce any lease showing that landlord could have gotten attorney's fees if it had won the case. Tenant appealed and lost. The fact that landlord demanded attorney's fees in its petition didn't prove that there was a lease clause allowing for them.

Landlord sued to evict tenant. The court ruled for tenant, who then asked for an award of attorney's fees. The court refused to award attorney's fees to tenant because tenant didn't produce any lease showing that landlord could have gotten attorney's fees if it had won the case. Tenant appealed and lost. The fact that landlord demanded attorney's fees in its petition didn't prove that there was a lease clause allowing for them.

45th St. Assocs. v. Reyes: NYLJ, 12/15/00, p. 28, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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