Tenant Can't Get Attorney's Fees

January 13, 2013

LVT Number: #24547

Landlord sued to evict tenant for refusing to renew his rent-stabilized lease. The court ruled against landlord because it was undisputed that the renewal lease offered to tenant was not on the same terms and conditions as the expiring lease. The court then granted tenant's request for attorney's fees. Landlord appealed and won. Although tenant won the underlying case, landlord had made good-faith efforts to remedy the defective renewal offer. Tenant didn't cooperate, resulting in an inability to resolve the issue.

Landlord sued to evict tenant for refusing to renew his rent-stabilized lease. The court ruled against landlord because it was undisputed that the renewal lease offered to tenant was not on the same terms and conditions as the expiring lease. The court then granted tenant's request for attorney's fees. Landlord appealed and won. Although tenant won the underlying case, landlord had made good-faith efforts to remedy the defective renewal offer. Tenant didn't cooperate, resulting in an inability to resolve the issue.

494 Hudson LLC v. Hart: 38 Misc.3d 126(A), 2012 NY Slip Op 52344(U) (App. T. 1 Dept.; 12/21/12; Shulman JP, Hunter Jr., Torres, JJ)

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