No Fees Where Landlord Delayed Case

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the building's multiple dwelling registration had lapsed. Landlord eventually corrected this problem, and after trial, the court ruled for landlord and ordered tenant to pay more than $4,000 in back rent. Landlord then asked the court for attorney's fees. The court ruled for landlord. Tenant appealed and won. In light of the substantial delay and expense caused by landlord's stop-and-go efforts to obtain and prove compliance with MDR requirements, landlord is not entitled to attorney's fees.

East Midtown Plaza Housing Co. v. Cannings: NYLJ, 1/9/07, p. 31, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)