Tenant Gets Fees in Illegal Sublet Case

March 1, 1997

LVT Number: 11268

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and tenant asked for attorney's fees. The court ruled for tenant, and landlord appealed and lost. Since landlord didn't prove an illegal sublet as claimed, tenant was the prevailing party and entitled to attorney's fees. However, the court should have given landlord a chance to contest the amount of the fees claimed. The case was sent back for a hearing on the amount of fees to which tenant was entitled.

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and tenant asked for attorney's fees. The court ruled for tenant, and landlord appealed and lost. Since landlord didn't prove an illegal sublet as claimed, tenant was the prevailing party and entitled to attorney's fees. However, the court should have given landlord a chance to contest the amount of the fees claimed. The case was sent back for a hearing on the amount of fees to which tenant was entitled.

200 W. 54th St. Partnership v. Sanger: NYLJ, p. 26, col. 1 (2/18/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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