Landlord Must Pay Fees to Discontinue Case

Landlord sued to evict rent-stabilized tenant for keeping a dog in his apartment without landlord's written consent. Tenant asked the court to dismiss the case because landlord's notice to cure didn't give tenant the required amount of time to do so. Landlord, in turn, asked for permission to discontinue the case without prejudice to starting over. The court ruled against landlord. Landlord had waived the right to object to the dog by waiting more than three months to start the case after discovering the dog. And landlord didn't offer to discontinue the case until over a month after being served with tenant's motion to dismiss. Since tenant had already incurred substantial attorney's fees, landlord could discontinue only on condition that it pay tenant's attorneys' fees.

Liant Record LLC v. Karabell: NYLJ, 12/30/09, p. 26, col. 3 (Civ. Ct. Kings; Wendt, J)