Landlord Can't Get Attorney's Fees in Discontinued Case

April 26, 2016

LVT Number: #26946

Tenant sued landlord in housing court, claiming harassment pursuant to the Housing Maintenance Code. Tenant later discontinued the case. Landlord asked for attorney’s fees. The court ruled against landlord, who appealed and lost. The case was discontinued without opposition form landlord, and the lower court made no finding that tenant’s harassment claim was frivolous. Under the circumstances, the lower court properly denied any award of attorney’s fees.

 

 

Tenant sued landlord in housing court, claiming harassment pursuant to the Housing Maintenance Code. Tenant later discontinued the case. Landlord asked for attorney’s fees. The court ruled against landlord, who appealed and lost. The case was discontinued without opposition form landlord, and the lower court made no finding that tenant’s harassment claim was frivolous. Under the circumstances, the lower court properly denied any award of attorney’s fees.

 

 
Hanlon v. Wartski: 2016 NY Slip Op 50413(U), 2016 WL 1226322 (App. T. 1 Dept.; 3/28/16; Hunter, Jr., J, Ling-Cohan, J)

Topics

More like this