Neither Side Gets Attorney's Fees in Unauthorized Alterations Case

Landlord sued to evict tenant for lease violations based on the unauthorized installation of various electrical fixtures and appliances. The court ruled against landlord after a trial. Landlord's testimony wasn't believable on certain claims and failed to prove others, and tenant remedied the remaining lease violations within the period specified in landlord's notice to cure or prior to trial. Landlord and tenant both sought attorney's fees. The court ruled against landlord and for tenant. Landlord appealed. The appeals court ruled for landlord in part. Landlord didn't get the central relief it sought in the case, so the court properly denied attorney's fees to landlord. But tenant wasn't entitled to attorney's fees either. Landlord proved that tenant had installed some electrical fixtures and appliances without permission. Tenant also initially refused to give landlord access, causing delay in resolving the dispute. And although the court sanctioned landlord for some overly zealous actions, landlord didn't engage in frivolous conduct.

First Avenue Village Corp. v. Harrison: NYLJ, 9/18/07, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)