Tenant Gets Fees After Court Dismisses Landlord's Nonprimary Residence Case

Facts: Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case for procedural reasons. Landlord had accepted three rent checks from tenant after sending the termination notice and before starting the eviction case in court. Tenant then asked for attorney's fees. Landlord argued that since tenant hadn't won the case on the merits, he wasn't entitled to attorney's fees. Court: Tenant wins. Tenant can recover attorney's fees when the ''ultimate outcome'' is in his favor. In this case landlord couldn't start a new nonprimary residence case because service of the termination notice was required 150 to 120 days before expiration of tenant's lease. This period had now passed. Since landlord couldn't start a new case, tenant had won the case and was entitled to attorney's fees.

Roxborough Apt. Corp. v. Becker: NYLJ, p. 39, col. 3 (7/8/98) (Civ. Ct. Kings; Acosta, J)