A Queens man who prevailed against his landlord’s attempt to evict him has a right to recover attorney’s fees because under his lease the landlord would have had the right to fees if he had prevailed against the tenant, an appellate court has ruled.
A four-judge panel of the Appellate Division, Second Department, found last week in Casamento v. Juaregui, 60453/07, that New York’s Real Property Law creates an implied covenant giving the tenant, Luis Juaregui, the same right to recover attorney’s fees in eviction proceedings that his lease gives the landlord, Dominic Casamento.
