Court Awarded Attorney's Fees to Tenant Prematurely

June 11, 2015

LVT Number: #26200

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and sought attorney’s fees. In response to tenant’s request, the court dismissed the case without prejudice and awarded tenant $15,500 in attorney’s fees. But the court didn’t rule on the overcharge claim because tenant had a pending overcharge complaint before the DHCR. Landlord appealed, and the appeals court revoked the attorney’s fees. Tenant then appealed to the higher court and lost.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and sought attorney’s fees. In response to tenant’s request, the court dismissed the case without prejudice and awarded tenant $15,500 in attorney’s fees. But the court didn’t rule on the overcharge claim because tenant had a pending overcharge complaint before the DHCR. Landlord appealed, and the appeals court revoked the attorney’s fees. Tenant then appealed to the higher court and lost. The award of attorney’s fees was premature because there wasn't yet a final outcome of tenant’s rent overcharge claim.

 

 

J.P. & Associates Properties Corp. v. Krautter: 2015 NY Slip Op 04319, 2015 WL 2386877 (App. Div. 2 Dept.; 5/20/15; Mastro, JP, Skelos, Dickerson, LaSalle, JJ)

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