No Fees to Tenant

September 30, 1995

LVT Number: 9036

Tenant asked the court for attorney's fees after an appeals court ordered landlord to give tenant a renewal lease. Landlord had sued to evict tenant, and won. Tenant appealed, and landlord won again. Tenant appealed one more time, and the appeals court ruled that tenant was entitled to a renewal lease based on the recently decided nontraditional family member theory. But even though he eventually won his case, tenant can't get attorney's fees---because landlord had begun the eviction proceeding based on the law in effect at that time.

Tenant asked the court for attorney's fees after an appeals court ordered landlord to give tenant a renewal lease. Landlord had sued to evict tenant, and won. Tenant appealed, and landlord won again. Tenant appealed one more time, and the appeals court ruled that tenant was entitled to a renewal lease based on the recently decided nontraditional family member theory. But even though he eventually won his case, tenant can't get attorney's fees---because landlord had begun the eviction proceeding based on the law in effect at that time. Landlord shouldn't be penalized for a change in the law.

Wells v. East 10th Street Associates: 613 NYS2d 634 (6/23/94) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ross Williams, Tom, JJ)

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