Tenant Gets Fees

April 30, 1998

LVT Number: 12280

Landlord sued to evict tenant. The court ruled against landlord, and tenant asked the court for attorney's fees. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant's lease contained a clause saying that tenant would be liable for attorney's fees if landlord got possession of the apartment through a court case. So the reverse is true. Tenant could recover attorney's fees since he'd won the case.

Landlord sued to evict tenant. The court ruled against landlord, and tenant asked the court for attorney's fees. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant's lease contained a clause saying that tenant would be liable for attorney's fees if landlord got possession of the apartment through a court case. So the reverse is true. Tenant could recover attorney's fees since he'd won the case.

Vacca v. Scilla: NYLJ, p. 25, col. 4 (4/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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