No Attorney's Fees for Tenant in Pet Case

October 31, 2011

LVT Number: #23702

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. The court ruled against landlord. Tenant then asked the court for attorney's fees. The court ruled against tenant, who appealed and lost. Tenant told landlord that the dog wasn't his. This misrepresentation caused landlord to delay starting the eviction case. So tenant wasn't a prevailing party entitled to attorney's fees, even though the lower court found that landlord waited too long to prevail under the pet law.

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. The court ruled against landlord. Tenant then asked the court for attorney's fees. The court ruled against tenant, who appealed and lost. Tenant told landlord that the dog wasn't his. This misrepresentation caused landlord to delay starting the eviction case. So tenant wasn't a prevailing party entitled to attorney's fees, even though the lower court found that landlord waited too long to prevail under the pet law.

2299-13 Apt. Corp. v. Portnov: NYLJ, 10/28/11, p. 23, col. 2 (App. T. 2 Dept.; Steinhardt, JP, Esce, Weston, JJ)

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