Landlord Can't Get Fees After Case Settled

Landlord sued to evict rent-stabilized tenant for not renewing his lease. The case was settled by a court-ordered settlement agreement in which landlord reserved the right to seek attorney's fees. The court denied landlord's subsequent request for attorney's fees. Landlord appealed and lost. There had been prior litigation between landlord and tenant over the proper amount of rent increase for renovations made to the apartment. That case was resolved by a court order dated April 7, 1998, and landlord then offered tenant a renewal lease on April 9. Landlord's termination notice based on tenant's not renewing his lease was dated April 23. Since tenant legally had 60 days to respond to the renewal lease offer, landlord's termination notice was premature. So landlord shouldn't be considered the winning party based on the settlement agreement. He wasn't entitled to attorney's fees.

Zeiss v. Hickman: NYLJ, 2/23/00, p. 28, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)