Tenant Gets Fees in Nonpayment Case

April 1, 1998

LVT Number: 12205

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord because tenant had given landlord rent checks that landlord refused to accept. But the court said that landlord could bring a plenary action to recover back rent. Tenant then asked the court for attorney's fees. Landlord claimed that tenant shouldn't get attorney's fees because he hadn't won the case. The issue of back rent owed was still to be decided. The court ruled for tenant. Tenant had won in the nonpayment case and so could get attorney's fees under the terms of his lease.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord because tenant had given landlord rent checks that landlord refused to accept. But the court said that landlord could bring a plenary action to recover back rent. Tenant then asked the court for attorney's fees. Landlord claimed that tenant shouldn't get attorney's fees because he hadn't won the case. The issue of back rent owed was still to be decided. The court ruled for tenant. Tenant had won in the nonpayment case and so could get attorney's fees under the terms of his lease.

Jocar Realty Co. v. Galas: NYLJ, p. 27, col. 6 (3/25/98) (Civ. Ct. NY; Stallman, J)

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