Tenant Didn't Prove Entitlement to Attorney's Fees

January 14, 2013

LVT Number: #24572

Landlord sued to evict tenant in two separate proceedings. Tenant asked the court to dismiss the cases, claiming that landlord had abandoned them for more than a year. Tenant also asked for attorney's fees. The court ruled against tenant, who appealed and lost. The cases hadn't been marked off the court's calendar. The judge simply had chosen not to try the later case after judgment for landlord was entered in the first case. Since landlord hadn't abandoned the cases, tenant wasn't entitled to attorney's fees for his motion to dismiss the proceedings.

Landlord sued to evict tenant in two separate proceedings. Tenant asked the court to dismiss the cases, claiming that landlord had abandoned them for more than a year. Tenant also asked for attorney's fees. The court ruled against tenant, who appealed and lost. The cases hadn't been marked off the court's calendar. The judge simply had chosen not to try the later case after judgment for landlord was entered in the first case. Since landlord hadn't abandoned the cases, tenant wasn't entitled to attorney's fees for his motion to dismiss the proceedings. In addition, tenant didn't submit a copy of his lease to show that he was entitled to attorney's fees under the terms of the lease. 

Halpern v. Tunne: 38 Misc.3d 126(A), 2012 NY Slip Op 52321(U) (App. T. 2 Dept.; 12/18/12; Pesce, PJ, Weston, Rios, JJ)

Topics

More like this