Tenant Gets Attorney's Fees When Landlord Discontinued Case

December 1, 2009

LVT Number: #22315

Landlord sued to evict tenant but later sought to discontinue the case. The court agreed on condition that landlord pay tenant's attorney's fees. Landlord appealed and lost. The grounds for landlord's case against tenant were questionable, and landlord delayed in formally moving to discontinue the proceeding. This caused tenant to incur needless litigation expenses.

Landlord sued to evict tenant but later sought to discontinue the case. The court agreed on condition that landlord pay tenant's attorney's fees. Landlord appealed and lost. The grounds for landlord's case against tenant were questionable, and landlord delayed in formally moving to discontinue the proceeding. This caused tenant to incur needless litigation expenses.

Wilton Estates, Inc. v. Quinn: NYLJ, 11/25/09, p. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)

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