Landlord Can't Get Attorney's Fees in Case Not Involving Lease Breach

Tenant sued landlord for rent overcharge and asked the court to declare that he was a rent-stabilized tenant entitled to a two-year lease. Landlord claimed that the case was groundless and made a claim for attorney's fees. The court denied tenant's request to dismiss landlord's claim for attorney's fees. Tenant appealed and won. Lease clauses providing for reimbursement of the prevailing party's attorney's fees in a proceeding for nonpayment or recovery of possession, as well as in an action based on tenant's breach of the lease, didn't apply to tenant's action against landlord. There was no claim in this case that tenant breached the lease, and the court action wasn't commenced by landlord. And neither side was seeking to recover possession of the apartment.

Rossman v. Windermere Owners LLC: 111 A.D.3d 429, 2013 NY Slip Op. 07278 (App. Div. 1 Dept.; 11/7/13; Mazzarelli, JP, Acosta, Saxe, Richter, Feinman, JJ)