Landlord Must Pay Tenant's Fees to Discontinue Case

October 31, 2010

LVT Number: #22961

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant claimed that she lived alone in the apartment and asked the court for permission to conduct pretrial questioning. After many motions by both sides, tenant asked the court to dismiss the case without a trial. Landlord, in turn, asked the court for permission to discontinue the case permanently. The court ruled that landlord could discontinue, on condition that landlord pay tenant's attorney's fees pursuant to Civil Practice Laws and Rules Section 3217(b).

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant claimed that she lived alone in the apartment and asked the court for permission to conduct pretrial questioning. After many motions by both sides, tenant asked the court to dismiss the case without a trial. Landlord, in turn, asked the court for permission to discontinue the case permanently. The court ruled that landlord could discontinue, on condition that landlord pay tenant's attorney's fees pursuant to Civil Practice Laws and Rules Section 3217(b).

407 East 81 Realty LLC v. Creighton: Index No. 65634/09, NYLJ 1202473123507 (Civ. Ct. NY; Scheckowitz, J; 9/30/10)

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