Tenant Gets Attorney's Fees in Case Dismissed on Technicality

Landlord sued to evict rent-stabilized tenant for illegally using his apartment as a hotel. Landlord’s papers didn’t properly state the grounds for the proceeding, and the court dismissed the case. Tenant then asked for attorney’s fees totaling $13,875. Landlord said that it was going to start the case over and that, since the real issue of the case hadn't been decided, tenant wasn't entitled to attorney's fees.

The court disagreed and ruled for tenant. It didn't matter whether there was a ruling on the merits; tenant won the case. Landlord also claimed that tenant didn’t have a lease allowing him to recover attorney’s fees, and that landlord hadn’t admitted that any lease clause authorizing attorney’s fee existed.

The court ruled against landlord. Landlord’s eviction petition didn’t refer to any lease clause regarding attorney’s fees. But landlord’s notice to cure and termination notice identified two paragraphs in the lease containing attorney's fees provisions. Landlord incorporated the notices by reference in the petition. The notices therefore became part of the petition. So landlord admitted that the lease contained an attorney’s fees clause. Under Real Property Law Section 234, if a residential lease contains a clause entitling landlord to recover attorney’s fees resulting from tenant’s default, a corresponding right to attorney’s fees for tenant is implied if tenant defeats landlord’s claim.

Marbru Associates v. White: NYLJ, 7/23/09, p. 27, col. 3 (Civ. Ct. NY; Lebovits, J)