Legal Question in Real Estate Law in New York

Legal fees???

If a coop tenant defaults on the lease and is taken to court for judicial determination. What is the Coop corp ability to be refunded the legal expense for seeking this judgment. Can the cost be defered to the defaulting tenant and if so can this be done, POST judicial determination? Is there any authoritative case law on this matter???


Asked on 9/23/00, 2:40 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Legal fees???

New York follows law that each party bears its own attorney fees. However, if the language in either the proprietary lease and the bylaws state that an individual which is evicted (foreclosed) will pay reasonable attorney fees, those fees will generally be awarded by the court.

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Answered on 10/23/00, 8:38 am


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