Tenant Gets Fees for Attorney's Fees Hearing

December 1, 1997

LVT Number: 11918

Landlord sued to evict tenant for nuisance. At some point, landlord withdrew the case with prejudice, and tenant asked for attorney's fees at $225 per hour for 5.8 hours of work. Landlord objected, and a hearing was held. The court ruled for tenant. Tenant appealed, claiming he should also get attorney's fees for the cost of services connected with the attorney's fees hearing. The appeals court ruled for tenant and sent the case back for a hearing on the value of the attorney's fees for the hearing.

Landlord sued to evict tenant for nuisance. At some point, landlord withdrew the case with prejudice, and tenant asked for attorney's fees at $225 per hour for 5.8 hours of work. Landlord objected, and a hearing was held. The court ruled for tenant. Tenant appealed, claiming he should also get attorney's fees for the cost of services connected with the attorney's fees hearing. The appeals court ruled for tenant and sent the case back for a hearing on the value of the attorney's fees for the hearing.

Park West Village Assocs. v. Ambroise: NYLJ, p. 25, col. 3 (11/14/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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