Tenant Gets Fees in Pet Case

April 1, 1996

LVT Number: 10457

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed landlord gave up the right to object to the pet because it didn't start the case within three months of discovering the dog. The court ruled for tenant but denied her request for attorney's fees. Tenant appealed. The appeals court reversed and ruled for tenant. Tenant was entitled to attorney's fees. She won the case, and if landlord had won, it would have been entitled to fees under the lease clause.

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed landlord gave up the right to object to the pet because it didn't start the case within three months of discovering the dog. The court ruled for tenant but denied her request for attorney's fees. Tenant appealed. The appeals court reversed and ruled for tenant. Tenant was entitled to attorney's fees. She won the case, and if landlord had won, it would have been entitled to fees under the lease clause.

St. Marks Pl. Assocs. v. Stuzenski: NYLJ, p. 34, col. 5 (3/27/96) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

Topics

More like this