No Attorney's Fees for Landlord in Discontinued HP Proceeding

July 31, 2010

LVT Number: #22795

Tenant sued landlord in a Housing Part (HP) proceeding, seeking apartment repairs. The case eventually was discontinued, and the court granted landlord’s request for attorney’s fees. Tenant appealed and won. Tenant’s lease authorized recovery of attorney’s fees in the event of a default by tenant under the terms of the lease. There was no lease violation involved in the HP proceeding and the attorney’s fees weren’t granted as a condition of tenant’s request to discontinue the HP proceeding.

Tenant sued landlord in a Housing Part (HP) proceeding, seeking apartment repairs. The case eventually was discontinued, and the court granted landlord’s request for attorney’s fees. Tenant appealed and won. Tenant’s lease authorized recovery of attorney’s fees in the event of a default by tenant under the terms of the lease. There was no lease violation involved in the HP proceeding and the attorney’s fees weren’t granted as a condition of tenant’s request to discontinue the HP proceeding.

Feinman v. Fifty-Seven Associates: NYLJ, 7/23/10, p. 33, col. 6 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter Jr., JJ)

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