Tenant Gets Fees for Discontinued Nonprimary Residence Case

August 31, 2002

LVT Number: 16045

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord agreed to discontinue the case after tenant showed that landlord didn't send the termination notice during the required 150-120 day window period. Tenant then asked for attorney's fees. The court ruled for tenant. Landlord appealed and lost. Landlord had agreed to discontinue the case without prejudice to tenant's right to claim attorney's fees. And since the case was decided in tenant's favor, tenant was entitled to attorney's fees.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord agreed to discontinue the case after tenant showed that landlord didn't send the termination notice during the required 150-120 day window period. Tenant then asked for attorney's fees. The court ruled for tenant. Landlord appealed and lost. Landlord had agreed to discontinue the case without prejudice to tenant's right to claim attorney's fees. And since the case was decided in tenant's favor, tenant was entitled to attorney's fees.

Harmir Realty Co. v. Ravinett: NYLJ, 8/12/02, p. 19, col. 5 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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