Tenant Who Didn't Pay Attorney's Fees Entitled to Attorney's Fees

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that landlord didn't properly deliver court papers to tenant at his residence. The court ruled for tenant and found that tenant was entitled to attorney's fees. Landlord argued that tenant shouldn't get attorney's fees, because he was represented by a not-for-profit legal services organization and had not paid for attorney's fees. The court ruled against landlord. Tenants were entitled to claim attorney's fees under RPL Section 234 even if they could not afford their own attorney's fees. A hearing was needed to determine the amount of attorney's fees due.

Parkview Apts. Corp. v. Guy: NYLJ, 3/28/07, p. 21, col. 1 (Just. Ct. Westchester; Shapiro, J)