Tenant Fined $300 for Frivolous Conduct

(Decision submitted by Jay B. Itkowitz of Itkowitz & Gottlieb, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she didn't owe rent. She claimed she paid future rent due based upon a nonpayment stipulation. The court ruled for landlord. The rent covered in the stipulation was past rent overdue. The court also fined tenant $300 for frivolous conduct. Tenant was an attorney and had been involved in several prior nonpayment proceedings with landlord. Since 1989, tenant had engaged in a course of conduct resulting in her owing a large amount of back rent. She then consistently brought court motions designed to delay the proceedings, and at the last moment compromised and settled.

25-35 Tennis Associates, L.P. v. Humpherys: NYLJ, p. 28, col. 6 (2/21/96) (Civ. Ct. NY; Lau, J)