No Fees to Tenant for Drug Eviction Case Ordered by D.A.

Landlord sued to evict tenant for illegal drug activity in the apartment. Landlord started the case after getting notice from the Queens County district attorney, directing landlord to do so. The district attorney later asked the court to dismiss the case after admitting that tenant wasn't involved in the illegal drug activity. Tenant then asked the court for attorney's fees from landlord. The court ruled against tenant. Tenant appealed and lost. Tenant's lease permits landlord to get attorney's fees if it prevails in an eviction case based on tenant's breach of her lease. By law, the reverse is true if the case is dismissed against tenant. But landlord didn't start this case based on tenant's breach of lease. Landlord started the case upon direction from the district attorney. So there were no grounds for awarding attorney's fees in this case.

White v. Pineda: NYLJ, 5/11/06, p. 32, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)