No Fees to Tenant for Discontinued Case

September 30, 2003

LVT Number: 16838

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant later agreed that landlord would discontinue the case without prejudice to either side. Tenant asked the court for attorney's fees. The court ruled against tenant. Tenant appealed and lost. There was no decision on the merits in tenant's favor. So tenant wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant later agreed that landlord would discontinue the case without prejudice to either side. Tenant asked the court for attorney's fees. The court ruled against tenant. Tenant appealed and lost. There was no decision on the merits in tenant's favor. So tenant wasn't entitled to attorney's fees.

Sacchetti v. Rogers: NYLJ, 9/15/03, p. 22, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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