No Attorney's Fees for Tenant Who Admitted Maintenance Payment Default

May 26, 2018

LVT Number: #28399

Landlord cooperative corporation sued to evict proprietary lessee tenant for nonpayment of maintenance fees. The case was dismissed because tenant paid the fees due while the case was pending. Tenant then asked for an award of attorney's fees. The court ruled against tenant. Although the case was ultimately dismissed due to a defective rent demand, tenant wasn't entitled to attorney's fees since she admitted her default in paying maintenance due under the proprietary lease. 

Landlord cooperative corporation sued to evict proprietary lessee tenant for nonpayment of maintenance fees. The case was dismissed because tenant paid the fees due while the case was pending. Tenant then asked for an award of attorney's fees. The court ruled against tenant. Although the case was ultimately dismissed due to a defective rent demand, tenant wasn't entitled to attorney's fees since she admitted her default in paying maintenance due under the proprietary lease. 

Tomfol Owners Corp. v. Parker: 59 Misc.3d 140(A), 2018 NY Slip Op 50608(U) (App. T. 1 Dept.; 4/23/18; Gonzalez, JP, Cooper, Edmead, JJ)

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