No Attorney's Fees for Tenant in Dismissed Case

June 30, 2011

LVT Number: #23449

Landlord sued to evict tenant for violating his lease by using the basement portion of his apartment as a living room. This use resulted in a DOB violation against landlord. Landlord and tenant signed a settlement agreement in court after tenant moved his furniture out of the basement. The case was marked off calendar pending reinspection by DOB. In the meantime, landlord then started a new eviction proceeding against tenant based on nonpayment of rent. Tenant asked the court to dismiss the first case, which was still pending, and requested attorney's fees in connection with that case.

Landlord sued to evict tenant for violating his lease by using the basement portion of his apartment as a living room. This use resulted in a DOB violation against landlord. Landlord and tenant signed a settlement agreement in court after tenant moved his furniture out of the basement. The case was marked off calendar pending reinspection by DOB. In the meantime, landlord then started a new eviction proceeding against tenant based on nonpayment of rent. Tenant asked the court to dismiss the first case, which was still pending, and requested attorney's fees in connection with that case. The court dismissed the case but denied attorney's fees. Tenant appealed and lost. Even though the case was dismissed, tenant wasn't entitled to attorney's fees based on all the circumstances of the case.

Carlton Estates, Inc. v. Cruz: NYLJ, 6/8/11, p. 35, col. 1 (App. T. 2 Dept.; Weston, JP, Golia, Rios, JJ)

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