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Re: being restored to possession and seeking damages

Posted by Roger on January 07, 2002 at 18:20:50:

In Reply to: Re: being restored to possession and seeking damages posted by consigliere on January 07, 2002 at 09:42:38:

I would be moving back in August or September which is around the time the present tenants moved in so that would work out well. But, the apartment was also renovated before they moved in. Now, although the apartment will return to rent control status, would the rent be the same amount as when I first occupied it?

I am assuming your talking about compensatory damages being less but can't I also file for punitive damages, and why would the court question the move if it had already decided in my favor about it being an unlawful eviction?

Yes, my mistake all the way. You live and learn.

I haven't seen any advertisements by attorneys, what should I look for?

When my lawyer first notified me of the judgement (by mail), he said he would be seeking damages and that I should call him as soon as I received the letter. I did, and he asked me to give him an amount that I thought I should receive. He then told me he would draft a letter to the opposing attorney stating what I had told him. Three months went by and after repeated phone calls to his office, I finally reached him. He told me that the landlord was only willing to give me an apartment at a reduced rate so we would have to file a lawsuit and that ended the phone conversation. Expecting that he would contact me, I waited until the week before Christmas and called him again. I told him that I would be in New York the following week and that I wanted to set up an appointment. He agreed and we met 1/2/02 for about fifteen minutes. We discussed me getting restored to my apartment, damages, in which he told me I would not get the amount I was seeking, which was less than $300th. I stated that I should get something for what they put me through. We also talked about fee arrangments. He said that he would need another retainer for filing, costs, etc., and that if I wanted to I could do a contingency fee arrangment. I simply told him to write up a contract and I would look it over. He told me he would do that and send it to me in two weeks. So, right now, that's what I am waiting for. Also, a friend of mine who is an attorney but specializes in labor law, questioned the additional need for a retainer since I should be awarded attorney fees which would cover any other costs pertaining to this case. Is that true?

Thanks again for your help.

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