Tenant Seeks Attorney's Fees for Current and Prior Proceeding

November 16, 2012

LVT Number: #24461

Landlord sued to evict tenant, claiming that the apartment was exempt from rent regulation. Tenant in turn claimed that he was rent stabilized and had been overcharged. The court ruled for tenant, and tenant sought attorney's fees for this case and a previous proceeding by prior landlord. The court ruled that tenant's attorney's fee claims should be severed and pursued in a separate action. Tenant appealed. The appeals court ruled that tenant was entitled to attorney's fees and could seek them in this proceeding for the current eviction case.

Landlord sued to evict tenant, claiming that the apartment was exempt from rent regulation. Tenant in turn claimed that he was rent stabilized and had been overcharged. The court ruled for tenant, and tenant sought attorney's fees for this case and a previous proceeding by prior landlord. The court ruled that tenant's attorney's fee claims should be severed and pursued in a separate action. Tenant appealed. The appeals court ruled that tenant was entitled to attorney's fees and could seek them in this proceeding for the current eviction case. But tenant must pursue any claim for attorney's fees stemming from the prior eviction case in a separate court action.  

Engel v. Wolfsohn: 2012 NY Slip Op 22320, 2012 WL 5458036 (App. T. 2 Dept.; 10/25/12; Weston, JP, Rios, Solomon, JJ)

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