Tenant Can't Get Fees in Pet Case

Facts: Landlord sued to evict co-op tenant for violating the lease by keeping a dog in her apartment. Landlord started the eviction proceeding within three months of discovering tenant's dog. But the court dismissed landlord's petition because landlord didn't serve a notice required by tenant's lease. Landlord then brought a second proceeding, but the court dismissed that case because it was started too long after landlord found out about the dog. Tenant requested attorney's fees. Court: Tenant loses. Tenant's lease stated that landlord was entitled to attorney's fees if tenant breached her lease. Tenant claimed that she was entitled to reciprocal fees under the lease clause because landlord lost the case. But, technically, tenant was in default of her lease by keeping the dog. Landlord lost, only because of a procedural defect. So, tenant can't get attorney's fees.

205 Third Avenue Ownership v. Ziegler: NYLJ, p. 22, col. 5 (4/21/93) (Civ. Ct. NY; Malatzky, J)