Tenant Gets Interest on Attorney's Fees Award

March 14, 2013

LVT Number: #24684

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant $7,395 in attorney's fees. Both landlord and tenant appealed. Landlord claimed that that court wasn't authorized to award attorneys' fees to tenant in this case. But although tenant's lease didn't expressly identify the attorney's fees made recoverable under lease paragraph 42 as "rent," the fees were a proper subject of recovery as a money judgment. Tenant claimed that the award should be greater.

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant $7,395 in attorney's fees. Both landlord and tenant appealed. Landlord claimed that that court wasn't authorized to award attorneys' fees to tenant in this case. But although tenant's lease didn't expressly identify the attorney's fees made recoverable under lease paragraph 42 as "rent," the fees were a proper subject of recovery as a money judgment. Tenant claimed that the award should be greater. The court found that the amount of attorney's fees was reasonable but added interest from the midpoint date between the date the holdover was dismissed and the date three months later when the judgment for attorney's fees was entered.

Fifth and 106th Assoc. v. Harris: Index No. 570291/2010, NYLJ No. 1202589712158 (App. T. 1 Dept.; 10/5/12; Torres, JP, Schoenfeld, Shulman, JJ)

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