Acierno v. Faldich

OPINION OF THE COURT

Howard S. Miller, J.

This is apparently a case of first impression in this court. It raises the question of whether counsel fees can be recovered by a landlord against a tenant, utilizing a small claims action that was instituted after the stipulated settlement of a landlord/tenant holdover summary proceeding where the *145landlord did not, and probably could not, seek counsel fees. The following facts have either been stipulated by the parties, or else appear from the court’s file.

Plaintiff (landlord) and defendant (tenant) entered into a lease whose term expired January 30,…