No Fees to Tenant for Landlord's Request for Access

September 30, 2003

LVT Number: 16837

Landlord sued to evict tenant. After a trial, landlord asked the court for access to tenant's apartment to make court-ordered repairs resulting from a water leak. In the meantime, tenant granted access, so the court didn't have to rule on landlord's request. Landlord completed the repairs just before the court date on its access request. Tenant asked the court for attorney's fees with regard to landlord's access request. The court ruled against tenant. Tenant appealed and lost. Landlord's request wasn't frivolous, and it got resolved. No attorney's fees were warranted.

Landlord sued to evict tenant. After a trial, landlord asked the court for access to tenant's apartment to make court-ordered repairs resulting from a water leak. In the meantime, tenant granted access, so the court didn't have to rule on landlord's request. Landlord completed the repairs just before the court date on its access request. Tenant asked the court for attorney's fees with regard to landlord's access request. The court ruled against tenant. Tenant appealed and lost. Landlord's request wasn't frivolous, and it got resolved. No attorney's fees were warranted.

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

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