Landlord Gets Fees for Nonprimary Residence Case

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant twice asked the court to dismiss the case. The court ruled against tenant both times. The court granted landlord's requests for use and occupancy while the case was pending and for permission to conduct pretrial questioning of tenant. Just before appearing for pretrial questioning, tenant decided to move out of the apartment. Landlord then asked the court for attorney's fees. The court ruled for landlord. Tenant appealed, claiming that landlord hadn't won the case because tenant had voluntarily moved out. The appeals court ruled against tenant. Even though there was no court decision on the factual issues raised in the case, the ultimate outcome was that landlord won. Tenant had delayed the case by asking for its dismissal and by refusing to submit to pretrial questioning or pay use and occupancy without landlord having to ask the court to order it. In the circumstances, it was reasonable to give landlord attorney's fees.

Soho Village Realty, Inc. v. Gaffney: NYLJ, 3/14/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)