Tenant Didn't Get Chance to Respond to Landlord's Request for Attorney's Fees

December 1, 2005

LVT Number: 18477

Former tenant sued landlord for the return of a security deposit, for damages resulting from failure to make repairs, and for breach of the warranty of habitability. The court ruled against tenant. Tenant had started two prior cases on the same grounds, which had been dismissed. Landlord asked the court for attorney's fees, claiming that tenant's new court action was frivolous. The court ruled for landlord after tenant didn't appear in court. Tenant appealed, claiming that he had no notice of landlord's request for attorney's fees. The court ruled for tenant.

Former tenant sued landlord for the return of a security deposit, for damages resulting from failure to make repairs, and for breach of the warranty of habitability. The court ruled against tenant. Tenant had started two prior cases on the same grounds, which had been dismissed. Landlord asked the court for attorney's fees, claiming that tenant's new court action was frivolous. The court ruled for landlord after tenant didn't appear in court. Tenant appealed, claiming that he had no notice of landlord's request for attorney's fees. The court ruled for tenant. The court shouldn't have awarded attorney's fees based on tenant's failure to appear. The case was sent back for a hearing on the attorney's fees issue so tenant would get the chance to respond.

Caldwell v. Fairfield Presidential Assoc.: NYLJ, 11/30/05, p. 24, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

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