Tenant Gets Additional Attorney's Fees

July 31, 2010

LVT Number: #22779

Landlord sued to evict tenant for nuisance. Later, landlord asked the court for permission to discontinue the case. The court agreed, on the condition that landlord pay tenant’s attorney’s fees, totaling $8,340. Landlord appealed and asked for a stay of enforcement of the money judgment for the attorney’s fees. The appeals court approved delay of payment when landlord deposited the amount in question with the court clerk. But landlord’s appeal was denied.

Landlord sued to evict tenant for nuisance. Later, landlord asked the court for permission to discontinue the case. The court agreed, on the condition that landlord pay tenant’s attorney’s fees, totaling $8,340. Landlord appealed and asked for a stay of enforcement of the money judgment for the attorney’s fees. The appeals court approved delay of payment when landlord deposited the amount in question with the court clerk. But landlord’s appeal was denied. Tenant then asked the lower court to increase the attorney’s fee award to include additional fees she incurred fighting landlord’s appeal. The court ruled for tenant, finding that landlord knew its appeal lacked merit and that it continuously caused tenant to incur unnecessary litigation costs.

Wilson Estate Inc. v. Quinn: NYLJ, 7/7/10, p. 26, col. 3 (Civ. Ct. NY; Spears, J)

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