Contempt Application Withdrawn

Tenant sued landlord to get a correction of building violations. The court ruled for tenant. Tenant later claimed that landlord was in contempt of court for not making the required repairs. The court ruled for tenant and awarded him attorney's fees. Landlord appealed. The appeals court ruled for landlord and denied the award of attorney's fees. To hold landlord in contempt, the court needed to find that landlord's actions were intended to, or actually did, interfere with tenant's rights. Tenant didn't prove this. In fact, the application to hold landlord in contempt had been withdrawn at a court appearance when it was shown that landlord had corrected the remaining building violations. Since the court didn't find landlord in contempt, there was no basis to award attorney's fees.

Messina v. GSL Enterprises, Inc.: NYLJ, p. 24, col. 6 (1/2/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)