Tenant Gets Attorney's Fees Where Landlord Delayed Case

May 31, 2008

LVT Number: #20456

Landlord sued to evict tenant. Almost a year after starting the case, landlord asked the court for permission to discontinue. The court ruled for landlord on the condition that it pay tenant's attorney's fees. Landlord appealed and lost. Landlord's claims against tenant were questionable, and landlord waited a long time to discontinue. Under the circumstances, it wasn't unreasonable to require landlord to pay reasonable attorney's fees.

Landlord sued to evict tenant. Almost a year after starting the case, landlord asked the court for permission to discontinue. The court ruled for landlord on the condition that it pay tenant's attorney's fees. Landlord appealed and lost. Landlord's claims against tenant were questionable, and landlord waited a long time to discontinue. Under the circumstances, it wasn't unreasonable to require landlord to pay reasonable attorney's fees.

PSA 190 Avenue B Associates, LP v. Ejoh: NYLJ, 5/16/08, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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