Tenant Gets Fees in Loft Eviction Case

Facts:Landlord sued to evict loft tenant. The court ruled against landlord, and tenant requested attorney's fees. Tenant's lease said that landlord could get attorney's fees if an eviction action was needed based on tenant's lease violation. Tenant argued that under RPL section 234, tenant, in turn, was entitled to attorney's fees. Landlord claimed that this wasn't so because tenant had a commercial lease. Landlord also argued that the case was dismissed for procedural defects, so no attorney's fees should be awarded. Court:Tenant wins. It didn't matter that tenant had a commercial lease because, in fact, he was a residential loft tenant. And tenant raised a successful defense that resulted in dismissal of the eviction case. So tenant was entitled to attorney's fees.

111 on 11 Realty Corp. v. Norton: NYLJ, 6/5/02, p. 23, col. 4 (Civ. Ct. Kings; Bail-Schiffman, J)