No Fees to Tenant

April 30, 2000

LVT Number: 14040

Tenant sued landlord to force landlord to consent to a sublease. The case was eventually dismissed as moot because subtenant moved out and tenant let landlord know that she intended to return to the apartment. Still, tenant asked the court for an award of attorney's fees. The court ruled for tenant, and landlord appealed. The appeals court struck down the attorney's fees award. Tenant didn't really win the case. At the point when tenant no longer had a subtenant, landlord sent tenant a renewal lease and never went ahead with a threatened nonprimary residence case.

Tenant sued landlord to force landlord to consent to a sublease. The case was eventually dismissed as moot because subtenant moved out and tenant let landlord know that she intended to return to the apartment. Still, tenant asked the court for an award of attorney's fees. The court ruled for tenant, and landlord appealed. The appeals court struck down the attorney's fees award. Tenant didn't really win the case. At the point when tenant no longer had a subtenant, landlord sent tenant a renewal lease and never went ahead with a threatened nonprimary residence case. Also, tenant didn't have to sue landlord to bring this issue into court. She could have raised the issue in defense to an eviction case brought by landlord.

Jones v. Morgan Buildings: NYLJ, 4/18/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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