Tenant Can Seek Attorney's Fees in Discontinued Case

November 18, 2016

LVT Number: #27323

Landlord sued to evict tenant. Later, landlord and tenant signed a settlement agreement in court that expressly gave tenant the right to seek attorney’s fees. But the housing court then denied tenant’s request for attorney’s fees because tenant delayed resolution of the proceeding by delaying completion of discovery obligations. Tenant appealed and won. Tenant was the prevailing party in the eviction case, which was discontinued “with prejudice” by landlord under a so-ordered settlement stipulation.

Landlord sued to evict tenant. Later, landlord and tenant signed a settlement agreement in court that expressly gave tenant the right to seek attorney’s fees. But the housing court then denied tenant’s request for attorney’s fees because tenant delayed resolution of the proceeding by delaying completion of discovery obligations. Tenant appealed and won. Tenant was the prevailing party in the eviction case, which was discontinued “with prejudice” by landlord under a so-ordered settlement stipulation. There was no bad faith by tenant that would justify a complete denial of attorney’s fees. Any delay by tenant would be a factor to be considered by the court when determining the number of hours reasonably or necessarily expended on the matter.

 

 
Kirock 80 Co., LLC v. Mootoo: 53 Misc.3d 144(A), 2016 N.Y. Slip Op. 51560(U) (App. T. 1 Dept.; 10/26/16; Lowe III, PJ, Shoenfeld, Ling-Cohan, JJ)

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