Unsigned Lease Wasn't Admissible Proof

June 30, 2001

LVT Number: 15057

A court ruled that landlord could evict tenant. Landlord then requested an award of attorney's fees under the terms of tenant's lease. The court ruled for landlord. Tenant appealed, pointing out that the lease landlord had submitted in court was blank and unsigned. The appeals court ruled for tenant. This unsigned, blank lease wasn't admissible as proof of any agreement between landlord and tenant regarding attorney's fees. So landlord wasn't entitled to attorney's fees in this case.

A court ruled that landlord could evict tenant. Landlord then requested an award of attorney's fees under the terms of tenant's lease. The court ruled for landlord. Tenant appealed, pointing out that the lease landlord had submitted in court was blank and unsigned. The appeals court ruled for tenant. This unsigned, blank lease wasn't admissible as proof of any agreement between landlord and tenant regarding attorney's fees. So landlord wasn't entitled to attorney's fees in this case.

8735 Bay Owners v. D'Angelo: NYLJ, 6/20/01, p. 19, col. 4 (App. T.2 Dept.; Scholnick, PJ, Patterson, Rios, JJ)

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