Tenant Entitled to Attorney's Fees

January 1, 2009

LVT Number: #20929

Tenant sued landlord for attorney's fees. The court ruled against tenant. Tenant appealed and won. Tenant's lease provided for reciprocal attorney's fees and Real Property Law (RPL) Section 234 provides that any residential lease entitling landlord to seek attorney's fees implies the same right for successful tenant to compensation for attorney's fees. There were substantial attorney's fees in this case, and landlord would have been entitled to them if it won a similar action against tenant for breach of the lease.

Tenant sued landlord for attorney's fees. The court ruled against tenant. Tenant appealed and won. Tenant's lease provided for reciprocal attorney's fees and Real Property Law (RPL) Section 234 provides that any residential lease entitling landlord to seek attorney's fees implies the same right for successful tenant to compensation for attorney's fees. There were substantial attorney's fees in this case, and landlord would have been entitled to them if it won a similar action against tenant for breach of the lease. In addition, RPL Section 234 is applicable to court proceedings where a landlord or tenant seeks to enforce, modify, or vacate a ruling by the DHCR. Tenant didn't waive his right to attorney's fees.

Galicia v. Rota Holding Corp. #2: NYLJ, 12/15/08, p. 28, col. 6 (App. Div. 1 Dept.; Andrias, JP, Saxe, Sweeny, Catterson, Moskowitz, JJ)

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