Tenant Gets Additional Attorney's Fees

June 30, 2009

LVT Number: #21295

Landlord sued to evict tenant in 1988. The case went on for many years, and landlord eventually lost all appeals. Tenant then asked for attorney’s fees. The court ruled for tenant and awarded him $93,000. Landlord appealed the attorney's fee award and lost. Tenant then asked the court for additional attorney’s fees of over $62,000 incurred in fighting landlord’s appeal. Landlord said that it would pay $45,000, but claimed that the other $17,000 claimed was unreasonable. The court ruled against landlord, deducting only $475 as excessive.

Landlord sued to evict tenant in 1988. The case went on for many years, and landlord eventually lost all appeals. Tenant then asked for attorney’s fees. The court ruled for tenant and awarded him $93,000. Landlord appealed the attorney's fee award and lost. Tenant then asked the court for additional attorney’s fees of over $62,000 incurred in fighting landlord’s appeal. Landlord said that it would pay $45,000, but claimed that the other $17,000 claimed was unreasonable. The court ruled against landlord, deducting only $475 as excessive. Tenant’s attorneys were experienced, and the case had been hard fought for many years. The high hourly rates paid by tenant for attorney's fees were therefore reasonable.

Nestor v. Britt: NYLJ, 6/18/09, p. 27, col. 1 (Civ. Ct. NY; Lebovits, J)

Topics

More like this