Tenant Can Get Attorney's Fees for Prior Proceeding

May 13, 2013

LVT Number: #24761

Landlord sued to evict family member of rent-stabilized tenant who claimed succession rights. The court ruled against landlord. Family member asked for attorney's fees. The court ruled for family member in part, granting attorney's fees for the proceeding. But the court denied successor tenant's request for additional attorney's fees in connection with a prior eviction proceeding landlord had commenced against him. Tenant appealed and won. The prior case, on the same grounds, had been dismissed because landlord abandoned it.

Landlord sued to evict family member of rent-stabilized tenant who claimed succession rights. The court ruled against landlord. Family member asked for attorney's fees. The court ruled for family member in part, granting attorney's fees for the proceeding. But the court denied successor tenant's request for additional attorney's fees in connection with a prior eviction proceeding landlord had commenced against him. Tenant appealed and won. The prior case, on the same grounds, had been dismissed because landlord abandoned it. Since there was no ruling on the merits in the prior case, it would have been premature for tenant to seek attorney's fees before the issue was resolved in the new proceeding. The case was sent back to the lower court for a determination of how much attorney's fees tenant was entitled to.

354 East 66th Street Realty Corp. v. Curry: 39 Misc.3d 135(A), 2013 NY Slip Op 50583(U) (App. T. 1 Dept.; 4/12/13; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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