No Attorney's Fees for Tenant in Withdrawn Case

March 1, 2010

LVT Number: #22481

Landlord sued to evict tenant for nonpayment of rent. Landlord later discontinued the case. Tenant then asked the court for attorney's fees, claiming that he was the prevailing party. The court ruled against tenant. The controversy between landlord and tenant hadn’t reached an ultimate outcome. The case had been discontinued for procedural reasons, and landlord had started a second nonpayment proceeding against tenant. So it was too soon for tenant to recover attorney's fees, before final resolution.

Landlord sued to evict tenant for nonpayment of rent. Landlord later discontinued the case. Tenant then asked the court for attorney's fees, claiming that he was the prevailing party. The court ruled against tenant. The controversy between landlord and tenant hadn’t reached an ultimate outcome. The case had been discontinued for procedural reasons, and landlord had started a second nonpayment proceeding against tenant. So it was too soon for tenant to recover attorney's fees, before final resolution.

Tinker Limited Partnership v. Berg: NYLJ, 2/8/10, p. 20, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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