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Landlord won't settle, forcing trial for Atty fees!

NYC Housing Court Practice/Procedures

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Landlord won't settle, forcing trial for Atty fees!

Postby NeGeMo » Mon Jun 16, 2008 1:11 am

Hi,

I have been in and out of court with my LL because he will not make any repairs. I went with the entire winter without heat.

Fast foward, we have been to court twice on this non-payment case. I want to settle for a small 10% abatement. However, his lawyer said that he wants to force a trial so that I have to pay the legal fees. In other words, I have no choice but to go to trial. Is there any case that protects tenants that want to settle, but are forced to trial. Before we were adjouned for the final time, we all (myself, landlord and ll atty) met with the Judges court atty. She told me that it appears that even if I get the 10%, the judge will still consider them to be the "prevailing" party and I will get hit with a huge legal bill.

Is there anyone out there that can help. I really don't want to be forced to pay thousands in atty fees.

Thanks!!
NeGeMo
 
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Joined: Wed Jun 23, 2004 1:01 am
Location: New York City

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