No Sanctions Imposed Against Landlord's Attorney

February 1, 1993

LVT Number: 6678

Landlord sued to evict tenant. The case was dismissed because landlord was lessee of the building and didn't have the right to bring an eviction proceeding. The court ordered landlord's attorney to pay litigation costs of over $7,000 after the attorney asked to reargue the case. Landlord appealed, and tenant asked for sanctions against landlord's attorney. The appeals court ruled that no sanctions should be imposed; the court also revoked the order that landlord's attorney pay costs.

Landlord sued to evict tenant. The case was dismissed because landlord was lessee of the building and didn't have the right to bring an eviction proceeding. The court ordered landlord's attorney to pay litigation costs of over $7,000 after the attorney asked to reargue the case. Landlord appealed, and tenant asked for sanctions against landlord's attorney. The appeals court ruled that no sanctions should be imposed; the court also revoked the order that landlord's attorney pay costs. Landlord's position wasn't frivolous; whether landlord could seek tenant's eviction had been the subject of prior conflicting court decisions. Landlord's attorney didn't act improperly.

[Rosenberg-Diamond Development Corp. v. Alamo: NYLJ, p. 21, col. 1 (1/20/93) (App. T. 1 Dept.; Miller, McCooe, JJ)].

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