Landlord Waited Too Long to Seek Attorney's Fees

Tenant sued the DHCR and landlord in November 2010, seeking to vacate a DHCR order. The DHCR asked to take the case back for reconsideration. The court ruled against tenant and the DHCR, and dismissed the case in June 2011. Tenant appealed and lost in June 2012. The appeals court denied tenant's motion to reargue in January 2013. In May 2013, almost two years after the original order dismissing the case, landlord asked for an award of attorney's fees in the amount of $41,000. The court ruled against landlord, finding that he had waited too long to seek this relief. Landlord claimed that he had no earlier opportunity to seek attorney's fees, but he could have answered the case and requested attorney's fees at the outset. It was also unfair to seek attorney's fees from tenant at this point. Tenant had no attorney and wasn't advised before appealing the court's initial dismissal that he could be subject to attorney's fees if he lost the case. 

Sun v. Lawlor: Index No. 115206/2010, NYLJ No. 1202638796296 (Sup. Ct. NY; 12/17/13; Scarpulla, J)