Tenants Get $93,000 in Attorney's Fees for Dismissed Eviction Proceedings

May 31, 2007

LVT Number: 19650

Landlord sued to evict rent-stabilized tenants in 2005, and again in 2006, to recover the apartment for owner occupancy. The court ruled against landlord in both cases. Tenants then sought attorney's fees. Landlord argued that the amount claimed was excessive. The court ruled for tenants and awarded them $93,000. The court used the "lodestar" method to calculate reasonable fees. This took into account the issues in the proceedings, the attorney's sklll and experience, the amount of time and labor involved, the results obtained, and the market rate for similar services.

Landlord sued to evict rent-stabilized tenants in 2005, and again in 2006, to recover the apartment for owner occupancy. The court ruled against landlord in both cases. Tenants then sought attorney's fees. Landlord argued that the amount claimed was excessive. The court ruled for tenants and awarded them $93,000. The court used the "lodestar" method to calculate reasonable fees. This took into account the issues in the proceedings, the attorney's sklll and experience, the amount of time and labor involved, the results obtained, and the market rate for similar services. The court reduced the award to exclude time spent on unrelated matters and on a motion by tenants for sanctions, which was denied.

Nestor v. Britt: NYLJ, 5/23/07, p. 19, col. 3 (Civ. Ct. NY; Lebovits, J)

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