Riverside Syndicate filed a holdover proceeding claiming its tenant had illegally subleased his apartment. When that case was dismissed by the New York County Civil Court, the tenant sought to recover his attorneys' fees and costs.
Because neither party produced a written lease agreement, which authorized the recovery of legal fees, the New York County Civil Court denied the tenant's reimbursement request.
On appeal, the Appellate Term, First Department, found that because the Syndicate had referenced the attorneys' fees provision in its pleadings, those statements comprised a "formal judicial admission" which entitled the tenant to relief in his favor.
The AT1 sure whacked them good.
To view a copy of the Appellate Term's decision, please use this link: Riverside Syndicate, Inc. v. Richter