Attorney Sanctioned Over Defective Eviction Case

Landlord sued to evict month-to-month loft tenant after sending a 30-day termination notice. Landlord’s court papers stated that the building wasn’t a multiple dwelling. Tenant asked the court to dismiss the case, pointing out that the building was an interim multiple dwelling (IMD) registered with the NYC Loft Board. The court ruled for tenant and dismissed the case. Before the court made its decision, landlord started another eviction case against tenant, claiming that he was a licensee. That case was dismissed. Tenant then asked the court to impose sanctions against landlord and its attorney for frivolous conduct. The court ruled for tenant, and fined landlord’s attorney $3,000 for starting or continuing the two cases, after learning that the building was an IMD. Landlord also was ordered to pay tenant’s attorney's fees.

L&S Realty of Massapequa v. Schwartz: NYLJ, 4/23/10, p. 26, col. 1 (Civ. Ct. NY; Sikowitz, J)