Tenant Who Signed Consent Order Can't Get Attorney's Fees

(Decision submitted by Robert Silversmith, Esq. of the Manhattan law firm of Silversmith & Associates Law Firm, PLLC, which represented the landlord.)

Tenant brought an HP proceeding against landlord, claiming that landlord failed to correct 25 HPD violations at the building. Landlord, tenant, and HPD signed a consent order in court, by which landlord agreed to repair the conditions within a certain time period. Tenant in turn agreed to provide access for repairs. Tenant later asked the court to find landlord in contempt for failing to make the repairs. By the time the parties next appeared in court, tenant withdrew this request because all repairs had now been made. But tenant asked the court for attorney's fees. The court ruled against tenant. Tenant and landlord had signed a consent order, which is like a stipulation of settlement. Tenant didn't preserve any right to claim attorney's fees in the signed consent order. And tenant wasn't clearly the prevailing party entitled to attorney's fees.

Streeter v. Convent 332 Betterment Corp.: Index No. L&T 6216/11 (Civ. Ct. NY; 10/17/12; Wendt, J) [9-pg. doc.]