No Fees to Tenant for Court Case to Stop Landlord's Lawsuit

LVT Number: 14905

Landlord sent a combined notice to cure and termination notice to tenant. Tenant then started a court case to stop landlord from going forward with an eviction. The court ruled for tenant. But the court denied tenant's request for attorney's fees. Although the law allowed for an award of attorney's fees to tenant in this type of case, there were no grounds for attorney's fees here because landlord didn't violate any covenant or agreement under tenant's lease.

Landlord sent a combined notice to cure and termination notice to tenant. Tenant then started a court case to stop landlord from going forward with an eviction. The court ruled for tenant. But the court denied tenant's request for attorney's fees. Although the law allowed for an award of attorney's fees to tenant in this type of case, there were no grounds for attorney's fees here because landlord didn't violate any covenant or agreement under tenant's lease.

Kuttas v. Condon: NYLJ, 3/14/01, p. 23, col. 1 (Sup. Ct. Westchester; Lefkowitz, J)