Tenant Gets Attorney's Fees After Landlord Abandons Eviction Case

Landlord sued to evict tenant for creating a nuisance. During a traverse hearing, landlord and tenant agreed to discontinue the case, leaving tenant's request for attorney's fees to be decided by the court. The court ruled for tenant and awarded her $30,000 in attorney's fees. Landlord then started a second eviction proceeding on the same grounds, but the court later granted an application to discontinue the case. Landlord took no action to revive its claim against tenant for nuisance. Tenant later asked the court for attorneys' fees in connection with the second case. Landlord argued that no attorneys' fees should be awarded because the merits of the case hadn't been decided. But landlord didn't start this third lawsuit based on claims of tenant nuisance for more than a year after landlord sought to discontinue the second lawsuit, and only after tenant sought attorneys' fees. The court found that landlord therefore had abandoned the matter and deemed tenant the prevailing party who was entitled to attorney's fees.

Murray Hous. Owners Corp. v. Welter: Index No. 76539/16, NYLJ No 1539555038 (Civ. Ct. NY; 10/1/18; Marton, J)