Condo Owner Needn't Pay Landlord Attorney's Fees

Landlord condominium board sued to eject tenant condo unit owner for creating a nuisance. The court ruled for landlord based on tenant's failure to appear in court. The court later awarded landlord $22,000 in attorney's fees in connection with the case. The court later granted tenant's request to vacate the default judgment, but the attorney's fees award remained in place. Tenant then asked the court to vacate the attorney's fee award and direct landlord to permit her to rent her apartment. Landlord had denied the unit owner's request to do so based on the unpaid attorney's fees. The court ruled against tenant unit owner. She appealed and won. Because the default judgment was vacated, the attorney's fees award also must be vacated. And, because the default was vacated and there was no ruling as yet that the unit owner violated any bylaws of the condominium, there was no basis to deny permission to rent the unit.

Board of Managers of the Warren House Condominium v. Pike: NYLJ, 12/20/07, p. 35, col. 4 (App. Div. 1 Dept.; Andrias, JP, Buckley, Catterson, Malone, Kavanagh, JJ)