No Fees to Tenant in Nonpayment Case

September 30, 1997

LVT Number: 11773

Facts: Landlord sued to evict tenant for nonpayment of rent, claiming that the monthly rent was $714. Tenant showed that prior landlord and tenant, by their attorneys, entered into a court stipulation in a prior nonpayment case and agreed that tenant would pay only $445 per month, pending a ruling by the DHCR on tenant's rent overcharge complaint. New landlord was still bound by prior landlord's stipulation. Tenant claimed that landlord should pay tenant's attorneys fees of $500 to defend against the groundless nonpayment case. Court: Tenant can't get attorney's fees.

Facts: Landlord sued to evict tenant for nonpayment of rent, claiming that the monthly rent was $714. Tenant showed that prior landlord and tenant, by their attorneys, entered into a court stipulation in a prior nonpayment case and agreed that tenant would pay only $445 per month, pending a ruling by the DHCR on tenant's rent overcharge complaint. New landlord was still bound by prior landlord's stipulation. Tenant claimed that landlord should pay tenant's attorneys fees of $500 to defend against the groundless nonpayment case. Court: Tenant can't get attorney's fees. New landlord acted in good faith without knowledge of the prior stipulation. And until DHCR ruled on tenant's rent overcharge claim, no determination of the merits of the nonpayment case could be made. So, technically tenant hadn't won the case.

Talos 232 LLC v. Pena: NYLJ, p. 27, col. 5 (9/24/97) (Civ. Ct. Bronx; Heymann, J)

Topics

More like this