Landlord Gets Attorney's Fees Even Though Tenant Not Evicted for Overcharging Subtenant

Landlord sued to evict rent-stabilized tenant for illegal subletting and for overcharging subtenant. The court ruled for landlord in part, granting a judgment of possession, but permanently delaying eviction because tenant had cured and the overcharge wasn't excessive. Landlord asked the court for attorney's fees. The court ruled for landlord. Landlord was still the prevailing party in the case, even though the court didn't grant eviction. Tenant had violated her lease and the law, and didn't claim that she was entitled to the overcharge collected.

672 Ninth Ave. LLC v. Burbach: NYLJ, 3/7/07, p. 18, col. 3 (Civ. Ct. NY; Marton, J)