Tenant Entitled to Hearing on Fees

July 31, 2002

LVT Number: 15975

Landlord sued to evict tenant. The court ruled against landlord. Tenant then asked the court to schedule an attorney's fees hearing. The court ruled against tenant, and tenant appealed. Tenant had won the eviction case, since it was dismissed for procedural reasons, and landlord never pursued it. Tenant didn't abandon his claim for fees and was entitled to the hearing.

Landlord sued to evict tenant. The court ruled against landlord. Tenant then asked the court to schedule an attorney's fees hearing. The court ruled against tenant, and tenant appealed. Tenant had won the eviction case, since it was dismissed for procedural reasons, and landlord never pursued it. Tenant didn't abandon his claim for fees and was entitled to the hearing.

Building Mgmt. Co. v. Antollino: NYLJ, 7/9/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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