Tenant's Lease Had No Attorney's Fee Provision

Landlord sued to evict tenant. The court ruled against landlord, and tenant asked for attorney’s fees. The court and appeals court ruled against tenant because landlord and tenant had no lease agreement provision for attorney’s fees. Although landlord’s court papers contained a request for attorneys’ fees, this didn’t prove that a valid attorney’s fee provision existed in tenant’s lease. Tenant had refused to sign a proposed lease that contained a clause permitting the collection of attorney’s fees in proceedings to enforce rights under the lease. And tenant’s initial 1983 lease with prior landlord expressly stated that the initial lease was terminated when the city acquired the building.

Quisequeya Housing Co., LLP v. De La Cruz: NYLJ, 4/6/09, p. 30, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)