Case Wasn't Finally Decided

August 31, 2000

LVT Number: 14340

Landlord sued to evict tenant for nonpayment of rent. The case was dismissed because landlord hadn't properly delivered the court papers. Tenant then asked for attorney's fees. The court ruled against tenant. The case was dismissed for procedural reasons, and landlord was free to start a new nonpayment case. Since the issue of nonpayment hadn't been finally decided, no one was entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The case was dismissed because landlord hadn't properly delivered the court papers. Tenant then asked for attorney's fees. The court ruled against tenant. The case was dismissed for procedural reasons, and landlord was free to start a new nonpayment case. Since the issue of nonpayment hadn't been finally decided, no one was entitled to attorney's fees.

Tieger v. Alvarez: NYLJ, 8/23/00, p. 24, col. 2 (Civ. Ct. Bronx; Halprin, J)

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