Case Delayed While Landlord Pays Costs to Tenant for Prior Case

January 1, 2000

LVT Number: 13781

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to delay the case. Landlord had previously sued to evict tenant for the same reason. But the court had dismissed the case based on a defective termination notice. While landlord was free to start the case again, the court in the prior case had also ruled that landlord must pay tenant $6,900 in attorney's fees and costs for losing the prior case. The court ruled for tenant. By law, the current case must be delayed until landlord paid tenant the attorney's fees for the prior case.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to delay the case. Landlord had previously sued to evict tenant for the same reason. But the court had dismissed the case based on a defective termination notice. While landlord was free to start the case again, the court in the prior case had also ruled that landlord must pay tenant $6,900 in attorney's fees and costs for losing the prior case. The court ruled for tenant. By law, the current case must be delayed until landlord paid tenant the attorney's fees for the prior case. It didn't matter that the ruling in the prior case was based on a technicality, rather than a decision on the primary residence issue itself. And landlord didn't appeal the court's attorney's fee award in the prior case.

Partnership 92 West, LLP v. Woods: NYLJ, p. 25, col. 3 (12/6/99) (Civ. Ct. NY; Billings, J)

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