Tenant Gets Interest on Attorney's Fee Award

November 15, 2012

LVT Number: #24443

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed the attorney's fee award and lost. Although the lease didn't define the attorney's fees as "rent," such fees can be recovered as a money judgment in a summary eviction proceeding. The appeals court added interest on the award from Aug. 29, 2008, which was the midpoint date between March 3, 2008, the date the holdover proceeding was dismissed, and June 23, 2009, the date of the judgment for attorney's fees.

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed the attorney's fee award and lost. Although the lease didn't define the attorney's fees as "rent," such fees can be recovered as a money judgment in a summary eviction proceeding. The appeals court added interest on the award from Aug. 29, 2008, which was the midpoint date between March 3, 2008, the date the holdover proceeding was dismissed, and June 23, 2009, the date of the judgment for attorney's fees.

Fifth And 106th Street Associates: NYLJ, 10/12/12, p. 25, col. 3 (App. T. 1 Dept.; Torres, JP, Schoenfeld, Shulman, JJ)

Topics

More like this