Sanctions Imposed on Subtenants for Frivolous Appeals

January 1, 2000

LVT Number: 13756

Subtenants, husband and wife, sued landlord and rent-stabilized tenant in 1985, claiming that they were actual tenants entitled to buy an apartment in a co-op conversion. The court ruled against subtenants and awarded tenant attorney's fees. Tenant had legitimately and temporarily sublet the apartment. Subtenants had no right to purchase the apartment. Subtenants appealed several times. Each time the appeals courts ruled against subtenants and found that their appeal was frivolous. Subtenants continued to appeal the portion of the court's decision awarding attorney's fees.

Subtenants, husband and wife, sued landlord and rent-stabilized tenant in 1985, claiming that they were actual tenants entitled to buy an apartment in a co-op conversion. The court ruled against subtenants and awarded tenant attorney's fees. Tenant had legitimately and temporarily sublet the apartment. Subtenants had no right to purchase the apartment. Subtenants appealed several times. Each time the appeals courts ruled against subtenants and found that their appeal was frivolous. Subtenants continued to appeal the portion of the court's decision awarding attorney's fees. They claimed that tenant's right to attorney's fees ended with the sublease and that subtenant wife wasn't responsible for paying attorney's fees because she didn't sign the sublease. The appeals court finally upheld the attorney's fee award and ordered subtenants to pay $8,000 in sanctions to the Lawyers' Fund for Client Protection.

Levy v. Carol Mgmt. Corp.: NYLJ, p. 25, col. 3 (12/1/99) (App. Div.1 Dept.; Sullivan, JP, Tom, Lerner, Rubin, JJ)

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