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If you get your case dismissed will your lawyer fees be returned?

Brooklyn, NY |

if you can prove retaliation in a housing case and fight to get it dismissed will the money you paid to hire that attorney be paid for you/refunded

Attorney Answers 3


  1. No, each party is responsible for the payment of legal fees. If you can prove fraud then perhaps the answer is different. Too few details exist here to know. Hire a lawyer and ask.


  2. Dear Brooklyn Tenant:

    If the lease contains a so called "attorney fees" clause and the tenant prevails in the lawsuit, New York Real Property Law section 234 creates a reciprocal right for the tenant to recover her attorney fees from the landlord.

    Moreover, the underlying statute provides additional right to recovery of money damages from the landlord.

    Your attorney should provide more information.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


  3. I agree with Mr Smollens. Look to your lease, or ask your attorney.

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.