Tenant Gets Fees for Owner Occupancy Case

November 1, 2005

LVT Number: 18412

Landlord sued to evict rent-stabilized tenant for owner occupancy. The court ruled against landlord. Tenant then asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and lost. Tenant produced a copy of his initial 1988 lease, which contained a clause for attorney's fees to landlord if landlord won the case. So, by law, tenant was entitled to attorney's fees if he won the case. Landlord couldn't deny that there was an attorney's fees clause, since landlord itself had sought to rely on this clause earlier in the case.

Landlord sued to evict rent-stabilized tenant for owner occupancy. The court ruled against landlord. Tenant then asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and lost. Tenant produced a copy of his initial 1988 lease, which contained a clause for attorney's fees to landlord if landlord won the case. So, by law, tenant was entitled to attorney's fees if he won the case. Landlord couldn't deny that there was an attorney's fees clause, since landlord itself had sought to rely on this clause earlier in the case.

Stearn v. Nikura: NYLJ, 10/11/02, p. 32, col. 2 (App. T. 1 Dept.; McCooe, PJ, Gangel-Jacob, Schoenfeld, JJ)

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