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

Asked 8 months ago - 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. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Gary Ralph Ilmanen

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . 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.

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