Tenant's Attorney's Fees Excessive

April 30, 2004

LVT Number: 17269

Landlord sued to evict tenant. Tenant asked the court to rule in its favor without a trial. The court granted tenant's request. The court then awarded tenant attorney's fees. Landlord appealed, claiming that the attorney's fees award was excessive. The appeals court ruled for landlord, finding the award excessive. Tenant wasn't entitled to attorney's fees for the portion of the case connected with a pre-answer request that the court didn't grant. And the lower court admitted that tenant's attorney's fees were somewhat excessive. The award was reduced to $7,500.

Landlord sued to evict tenant. Tenant asked the court to rule in its favor without a trial. The court granted tenant's request. The court then awarded tenant attorney's fees. Landlord appealed, claiming that the attorney's fees award was excessive. The appeals court ruled for landlord, finding the award excessive. Tenant wasn't entitled to attorney's fees for the portion of the case connected with a pre-answer request that the court didn't grant. And the lower court admitted that tenant's attorney's fees were somewhat excessive. The award was reduced to $7,500.

Binaku Realty Co. v. Penepede: NYLJ, 4/9/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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