Landlord Started Multiple Cases Against Tenant

Landlord sued tenant in three separate eviction cases based on illegal sublet. Landlord also brought a fourth case to recover use and occupancy. The court found that this was frivolous and imposed sanctions upon landlord in the amount of $1,000 and against its attorney in the amount of $2,500. The court also awarded tenant attorney's fees in the amount of $7,500. Landlord appealed and won. Landlord had discontinued the first case before tenant answered, which it was entitled to do as a matter of right. Landlord was also entitled to bring the second case. But landlord should have sought a discontinuance of the second case before starting the third one. This caused tenant $750 in attorney's fees. Landlord was entitled to bring the fourth case for use and occupancy. So landlord was ordered to pay tenant $750 in attorney's fees.

Farchester Gardens v. Licini: NYLJ, p. 31, col. 3 (3/18/99) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Palella, JJ)