Tenant Gets Attorney's Fees After Landlord Discontinues Case

July 7, 2012

LVT Number: #24196

Landlord sued to evict tenant after tenant failed to comply with landlord's notice to cure. Landlord claimed that there were illegal occupants in the apartment and wanted tenant to stop subletting the apartment. Landlord later asked the court for permission to discontinue the court case. The court agreed that landlord could do so on condition that it pay tenant's attorney's fees. Landlord claimed that some of the claimed fees were improper. The court ruled against landlord. Tenant was entitled to attorney's fees for time spent in proving the attorney's fees claim.

Landlord sued to evict tenant after tenant failed to comply with landlord's notice to cure. Landlord claimed that there were illegal occupants in the apartment and wanted tenant to stop subletting the apartment. Landlord later asked the court for permission to discontinue the court case. The court agreed that landlord could do so on condition that it pay tenant's attorney's fees. Landlord claimed that some of the claimed fees were improper. The court ruled against landlord. Tenant was entitled to attorney's fees for time spent in proving the attorney's fees claim. And while tenant wasn't always successful on some of her motions, they wouldn't have been needed if landlord acted sooner than 14 months to seek discontinuance. The court awarded tenant $22,400 in attorney's fees.

407 E. 81 Realty v. Creighton: Index No. 65634/09, NYLJ No. 1202560019762 (Civ. Ct. NY; 5/15/12; Gonzalez, J)

Topics

More like this