Tenant Can Claim Lack of Jurisdiction

November 1, 2000

LVT Number: 14544

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that the court didn't have jurisdiction. Tenant also asked for attorney's fees. Landlord claimed that tenant waived the defense of lack of jurisdiction by asking for attorney's fees. The court ruled against landlord. Landlord appealed and lost. There was no waiver. Landlord had demanded attorney's fees in its petition. So it was only fair that tenant could raise a claim for attorney's fees in response to the petition.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that the court didn't have jurisdiction. Tenant also asked for attorney's fees. Landlord claimed that tenant waived the defense of lack of jurisdiction by asking for attorney's fees. The court ruled against landlord. Landlord appealed and lost. There was no waiver. Landlord had demanded attorney's fees in its petition. So it was only fair that tenant could raise a claim for attorney's fees in response to the petition.

Surfside Investment Co. v. Golding-Ochsner: NYLJ, 10/12/00, p. 28, col. 3 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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