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Posted by Roger on January 11, 2002 at 20:50:29:

In Reply to: Re: being restored to possession and seeking damages posted by consigliere on January 07, 2002 at 19:22:31:

I understand what you are saying about compensatory damages but how are punitive damages different and what are my realistic chances of receiving them. And, although I hadn't planned to move, my mother, who was staying in N.C. at the time and who was ill, made it an easier decision for me to leave N.Y. Do you think it would be more practical if I gave up the apartment and just concentrated on the damages, especially if there was a possibility that I wouldn't be moving back in the near future (at least 2 years)?

Technically, my mother rented the apartment for 24 years, with her children being there a good portion of those years. I have earlier leases that contained clauses about attorney fees (including the initial lease), however later lease agreements were not as clear even though some of them never came with the rider that was required by law. But my friend also told me that just because a lease has an attorney fees clause, it doesn't necessarily mean that your entitled to those fees. Is that true?

Also, the items from my apartment have been in storage for over a year. At first I made a couple of payments to the storage company but then I stopped because I wanted to wait until the outcome of the case, I figured if I won then they should be responsible for paying any fees. Is that a correct assumption. I brought it up to my own lawyer and he never responded.

Tomorrow, it will be ten days since I spoke to my attorney and so far I have heard nothing from him.

Thanks for your help.

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Comments:
: I understand what you are saying about compensatory damages but how are punitive damages different and what are my realistic chances of receiving them.  And, although I hadn't planned to move, my mother, who was staying in N.C. at the time and who was ill, made it an easier decision for me to leave N.Y.  Do you think it would be more practical if I gave up the apartment and just concentrated on the damages, especially if there was a possibility that I wouldn't be moving back in the near future (at least 2 years)?

: Technically, my mother rented the apartment for 24 years, with her children being there a good portion of those years.  I have earlier leases that contained clauses about attorney fees (including the initial lease), however later lease agreements were not as clear even though some of them never came with the rider that was required by law.  But my friend also told me that just because a lease has an attorney fees clause, it doesn't necessarily mean that your entitled to those fees.  Is that true?

: Also, the items from my apartment have been in storage for over a year.  At first I made a couple of payments to the storage company but then I stopped because I wanted to wait until the outcome of the case, I figured if I won then they should be responsible for paying any fees.  Is that a correct assumption.  I brought it up to my own lawyer and he never responded.

: Tomorrow, it will be ten days since I spoke to my attorney and so far I have heard nothing from him.

: Thanks for your help.


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