Tenant Gets Fees for Illegal Sublet Case

September 30, 1999

LVT Number: 13533

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant and awarded him $3,000 in attorney's fees. Landlord appealed and lost. The case had been dismissed without prejudice because of procedural defects in landlord's petition. Tenant was entitled to attorney's fees based on the outcome. But tenant couldn't get additional attorney's fees for his prior appeal of the court's order because he didn't substantially win on the appeal issues.

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant and awarded him $3,000 in attorney's fees. Landlord appealed and lost. The case had been dismissed without prejudice because of procedural defects in landlord's petition. Tenant was entitled to attorney's fees based on the outcome. But tenant couldn't get additional attorney's fees for his prior appeal of the court's order because he didn't substantially win on the appeal issues.

UFH Apts., Inc. v. AEDH: NYLJ, p. 26, col. 1 (9/2/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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