Judge Jeannine Baer Kuzniewski

Petitioner sought, and was awarded a final judgment of possession and monetary judgment of over $24,000 against condominium owner O'Keke. The Appellate Term reversed the final judgment of possession award, granting respondent' dismissal, and dismissed a legal fees finding. Respondents moved for legal fees relying on RPL §234, asserting as the by-laws authorized reimbursement of fees to the board, same permitted a reciprocal right to tenants. Petitioner argued §234 did not apply to condo owners, noting the by-laws did not permit recovery of legal fees for owners or subtenants. The court agreed §234 did not apply to the facts herein noting same was not a landlord tenant relationship, and there was no lease between the parties due to the nature of condo ownership. It found the by-laws dictated what rights the unit owner may have to recover legal fees, finding a review of the by-laws revealed Article 8;.9 providing only for reimbursement by the unit owner, but no reciprocal right for a unit owner to seek reimbursement for legal fees and expenses. The court concluded as per the “American Rule” attorney fees were incidents of litigation and a prevailing party may not collect them from a loser unless authorized by agreement, statute or court rule. Thus, it denied the motion.

Judge Jeannine Baer Kuzniewski