Tenant Gets Fees in Breach of Lease Case

February 1, 1997

LVT Number: 11197

Landlord sued to evict tenant for breach of the lease. The court ruled for tenant for procedural reasons, and tenant asked for attorney's fees. The court again ruled for tenant on this issue, and landlord appealed. The appeals court ruled against landlord. Tenant's lease provided for an award of attorney's fees in lawsuits stemming from lease disputes. Tenant's winning the case for procedural reasons didn't prevent getting attorney's fees, since landlord didn't pursue the case through a new holdover action.

Landlord sued to evict tenant for breach of the lease. The court ruled for tenant for procedural reasons, and tenant asked for attorney's fees. The court again ruled for tenant on this issue, and landlord appealed. The appeals court ruled against landlord. Tenant's lease provided for an award of attorney's fees in lawsuits stemming from lease disputes. Tenant's winning the case for procedural reasons didn't prevent getting attorney's fees, since landlord didn't pursue the case through a new holdover action.

Classic Properties v. Reif: NYLJ, p. 28, col. 2 (1/27/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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