Tenant Gets Fees for Settled Case

April 30, 2003

LVT Number: 16496

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to tenant's son. Landlord later discontinued the case and signed a settlement agreement acknowledging that tenant's son had pass-on rights to the apartment. Tenant then sued landlord for attorney's fees. Landlord claimed tenant wasn't entitled to fees because he didn't win the case. The court ruled for tenant. Tenant did win the case. Tenant was entitled to attorney's fees, even if the case was settled.

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to tenant's son. Landlord later discontinued the case and signed a settlement agreement acknowledging that tenant's son had pass-on rights to the apartment. Tenant then sued landlord for attorney's fees. Landlord claimed tenant wasn't entitled to fees because he didn't win the case. The court ruled for tenant. Tenant did win the case. Tenant was entitled to attorney's fees, even if the case was settled.

Moyal v. Dewars Mgmt.: NYLJ, 4/30/03, p. 19, col. 1 (Civ. Ct. NY; Nadelson, J)

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