Tenant Gets Attorney's Fees After Case Dismissed

January 1, 2010

LVT Number: #22370

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2007 after delivering a combined lease nonrenewal and termination notice. Tenant claimed that landlord's petition was served improperly. After a traverse hearing, the court ruled for tenant and dismissed the case. Tenant then asked for attorney's fees. Landlord argued that there was no final decision yet on the merits of the case. It had served a new petition on tenant in 2009. The court ruled for tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2007 after delivering a combined lease nonrenewal and termination notice. Tenant claimed that landlord's petition was served improperly. After a traverse hearing, the court ruled for tenant and dismissed the case. Tenant then asked for attorney's fees. Landlord argued that there was no final decision yet on the merits of the case. It had served a new petition on tenant in 2009. The court ruled for tenant. Landlord's 2007 nonrenewal/termination notice was now nearly 25 months old and couldn't be re-used for the new petition. Landlord must offer tenant a renewal lease, and tenant was entitled to attorney's fees as the prevailing party in the eviction case.

204 W. 55th St. LLC v. Barria: NYLJ, 12/16/09, p. 26, col. 3 (Civ. Ct. NY; Capella, J)

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