Tenant Gets Attorney's Fees After Owner Use Case Dismissed

January 24, 2017

LVT Number: #27456

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court ruled against landlord. Tenant and landlord then both asked for attorney’s fees. The court ruled against both sides. Tenant appealed and won. Tenant was the prevailing party because the owner use case was dismissed. There was no manifest unfairness or bad faith by tenant in how she conducted the case that would justify denying her attorney’s fees or awarding attorney’s fees to landlord.

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court ruled against landlord. Tenant and landlord then both asked for attorney’s fees. The court ruled against both sides. Tenant appealed and won. Tenant was the prevailing party because the owner use case was dismissed. There was no manifest unfairness or bad faith by tenant in how she conducted the case that would justify denying her attorney’s fees or awarding attorney’s fees to landlord. The case was sent back to the lower court to determine the amount of attorney’s fees to be awarded.

 

 

 

Harmon v. Mervine: 53 Misc.3d 154(A), 2016 NY Slip Op 51739(U) (App. T. 1 Dept.; 12/8/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)

Topics

More like this