Tenant Gets Fees in Nonpayment Case

June 30, 2005

LVT Number: 18167

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate his default, dismiss the petition, and award him attorney's fees. The court ruled for tenant. After holding a special hearing to decide if landlord properly delivered the court papers, the court found that the court papers weren't properly delivered to tenant. And since landlord admitted in the court papers that the lease contained an attorney's fees clause, tenant was entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate his default, dismiss the petition, and award him attorney's fees. The court ruled for tenant. After holding a special hearing to decide if landlord properly delivered the court papers, the court found that the court papers weren't properly delivered to tenant. And since landlord admitted in the court papers that the lease contained an attorney's fees clause, tenant was entitled to attorney's fees. A hearing would be held to determine the reasonable amount of the attorney's fees.

Mangano v. Burke: NYLJ, 6/29/05, p. 19, col. 3 (Civ. Ct. NY; Schreiber, J)

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