Tenant Gets Fees Despite Lost Lease
LVT Number: 8120
Landlord sued to evict tenant for nonprimary residence. After taking tenant's sworn statement, landlord dropped the case and offered tenant a renewal lease. Tenant asked for attorney's fees. Although tenant won the case, she didn't have a copy of her lease, so she couldn't show that there was a lease clause providing for attorney's fees. Landlord had bought the building and didn't have a copy of the lease either. Landlord's petition made a claim for attorney's fees anyway, to preserve landlord's right to recover them. The court used this as a basis to grant tenant attorney's fees, even though there was no copy of the lease.
East Egg Associates v. Diraffaele: NYLJ, p. 22, col. 4 (8/25/93) (Civ. Ct. NY; Omansky, J)