Landlord Must Pay Tenant's Attorney's Fees to Discontinue Case

October 31, 2009

LVT Number: #22235

Landlord sued to evict tenant for the unauthorized subletting of his apartment. Tenant claimed that landlord unreasonably denied his request to sublet. Landlord then sought to discontinue the case. Tenant claimed that he had spent over $5,000 in attorney's fees by this point to fight the case. He claimed that landlord shouldn't be allowed to discontinue without paying his fees. The court ruled for tenant. Landlord could discontinue as long as he paid reasonable attorney's fees to tenant.

Landlord sued to evict tenant for the unauthorized subletting of his apartment. Tenant claimed that landlord unreasonably denied his request to sublet. Landlord then sought to discontinue the case. Tenant claimed that he had spent over $5,000 in attorney's fees by this point to fight the case. He claimed that landlord shouldn't be allowed to discontinue without paying his fees. The court ruled for tenant. Landlord could discontinue as long as he paid reasonable attorney's fees to tenant.

Miller v. Gaess: NYLJ, 10/23/09, p. 26, col. 1 (Civ. Ct. NY; Rashford, J)

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