Tenant Gets Fees for Discontinued Proceeding

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the tenant.) Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's notices and petition were defective. Tenant asked the court to dismiss the case without trial and award attorney's fees. The court ruled for tenant. This was the second nonprimary residence proceeding brought against tenant. Landlord never served a proper termination notice in either case. And an award of costs, disbursements, and reasonable attorney's fees is appropriate where tenant's motion to dismiss is granted.

Tempesta v. Lagerfelt: L&T Index No. 81190/95 (11/15/95) (Civ. Ct. NY; Madden, J) [3-page document]