No Attorney’s Fees for Tenant Who Discontinued Harassment Claim

Tenant sued landlord for harassment. He claimed that landlord sent frivolous notices threatening legal action against him for no good cause, substantially interfering with his comfort. Tenant had lived in the apartment for 20 years. Landlord claimed that tenant wasn’t living there as his primary residence. Landlord also started rejecting tenant’s rent checks in June 2013 but hadn’t started any court action against tenant. When landlord appeared in court in response to tenant’s harassment claim, tenant asked to discontinue the case without prejudice, and later asked for attorney’s fees. Landlord had no objection to the discontinuance if landlord received attorney’s fees. The court granted tenant’s request to discontinue the case without prejudice to reviving the claim later. But neither side got attorney’s fees at this point.

Burke v. 270 St. Nicholas Avenue HDFC: Index No. L&T6289/13, NYLJ No. 1202754690167 (Civ. Ct. NY; 3/24/16; Gonzales, J)