No Attorney's Fees for Tenant in Dismissed Case

May 31, 2011

LVT Number: #23435

Landlord sued to evict tenant based on tenant's failure to cease using the basement portion of the apartment as a living room. This usage had resulted in a DOB violation. The parties then signed a stipulation that tenant had cured the breach and marked the case off calendar for reinspection by DOB. While that matter was pending, landlord sued to evict tenant for nonpayment of rent. Tenant then asked the court to dismiss the first eviction case based on landlord's commencement of the nonpayment proceeding.

Landlord sued to evict tenant based on tenant's failure to cease using the basement portion of the apartment as a living room. This usage had resulted in a DOB violation. The parties then signed a stipulation that tenant had cured the breach and marked the case off calendar for reinspection by DOB. While that matter was pending, landlord sued to evict tenant for nonpayment of rent. Tenant then asked the court to dismiss the first eviction case based on landlord's commencement of the nonpayment proceeding. The court ruled for tenant, but refused to award tenant attorney's fees under the circumstances.

Carlton Estates, Inc. v. Cruz: 31 Misc.3d 14(A) (App. T. 2 Dept.; 5/12/11; Weston, JP, Golia, Rios, JJ)

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