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Recovery of Legal Fees Decision: 'Bunny/Miller' [sic?]?

NYC Housing Court Practice/Procedures

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Recovery of Legal Fees Decision: 'Bunny/Miller' [sic?]?

Postby Super Apple » Wed Jan 07, 2009 1:59 pm

I've been informed by a LL/Tenant attorney about a decision in a higher court regarding the right to be awarded legal fees (an/or reciprocal legal fees) in housing court cases.

The decision concerns a lease clause relating to recovery of legal fees in certain standard-form RS tenant leases. From what I can recall, the case was 'Bunny/Miller' [sic?]. The court's decision regarding this particular lease is that if the case is tried in the 2nd Department (Brooklyn) legal fees CANNOT be awarded to plaintiffs/respondents in housing court cases; conversely, in the First Department (Manhattan) plaintiffs/respondents with the EXACT same lease CAN be awarded legal fees.

I've searched this site's court case resources and unfortunately I've not found any reference to this decision. Can someone please provide further info?
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Postby TenantNet » Wed Jan 07, 2009 2:19 pm

Bunny Realty v. Miller, 180 A.D.2d 460.579 N.Y.S.2d 952 (1st Dept. 1992)

This is First Dept. case, rather old. There may or may not be cases in the 2nd Dept. as well as superseding case law.

The awarding of legal fees to the "prevailing party" is nothing new, but it depends on the case and the judge.

There are many cases interpreting when and when not such provisions apply. The Scherer book has an entire chapter on Attorney's Fees. See http://west.thomson.com/productdetail/1 ... etail.aspx

You can find this in any law library.
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Postby NYHawk » Wed Jan 07, 2009 2:42 pm

Case about attorney's fees just handed down yesterday.

http://www.nycourts.gov/reporter/3dseries/2009/2009_00029.htm
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