Tenant Gets Fees for Illegal Alteration Case

April 1, 2004

LVT Number: 17205

Landlord sued to evict tenant for making illegal alterations, in violation of his lease. The court ruled against landlord because landlord knew that tenant had built the extension to his balcony. The court then awarded tenant attorney's fees. Landlord appealed, arguing that tenant had violated his lease, and so, shouldn't get attorney's fees. The appeals court ruled against landlord. Although tenant's lease violation must be taken into consideration, landlord had waived its right to object to the alteration.

Landlord sued to evict tenant for making illegal alterations, in violation of his lease. The court ruled against landlord because landlord knew that tenant had built the extension to his balcony. The court then awarded tenant attorney's fees. Landlord appealed, arguing that tenant had violated his lease, and so, shouldn't get attorney's fees. The appeals court ruled against landlord. Although tenant's lease violation must be taken into consideration, landlord had waived its right to object to the alteration. Also, tenant's counterclaim for attorney's fees didn't become invalid when landlord's case was dismissed.

H.M. Village Realty v. Caccavale: NYLJ, 3/29/04, p. 23, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Nardelli, Saxe, Marlow, JJ)

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