Tenant Gets Fees in Illegal Sublet Case

June 30, 1999

LVT Number: 13321

Landlord sued loft tenant in Supreme Court for a declaration that tenant was illegally subletting and profiteering. The court transferred the case to housing court, which converted it to an eviction case. Neither side appealed the transfer of the case. Tenant asked the housing court to dismiss the eviction case without a trial. The court ruled for tenant, and tenant asked for attorney's fees. Landlord claimed tenant shouldn't get attorney's fees since the case was originally one for declaratory judgment. The court ruled for tenant.

Landlord sued loft tenant in Supreme Court for a declaration that tenant was illegally subletting and profiteering. The court transferred the case to housing court, which converted it to an eviction case. Neither side appealed the transfer of the case. Tenant asked the housing court to dismiss the eviction case without a trial. The court ruled for tenant, and tenant asked for attorney's fees. Landlord claimed tenant shouldn't get attorney's fees since the case was originally one for declaratory judgment. The court ruled for tenant. Tenant's lease called for an award of attorney's fees in case of tenant's default under the lease or ''dispossess by summary cases or otherwise.'' Landlord could have gotten attorney's fees in the declaratory judgment case based on this clause. So tenant could likewise get attorney's fees.

BLF Realty Holding Corp. v. Kasher: NYLJ, p. 26, col. 6 (6/2/99) (Civ. Ct. NY; Hoffman, J)

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