Tenant Who Sublets Can Get Fees

January 1, 1999

LVT Number: 12870

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant, permitting the sublet but denying tenant's request for attorney's fees. Tenant appealed, and the appeals court ruled that tenant could get fees and ordered a hearing on the amount of fees. The lower court held a hearing, but then ruled that tenant couldn't get any attorney's fees because he didn't live in the apartment. Tenant appealed again and won. The appeals court had already ruled that tenant could get attorney's fees, so the lower court couldn't reconsider this issue.

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant, permitting the sublet but denying tenant's request for attorney's fees. Tenant appealed, and the appeals court ruled that tenant could get fees and ordered a hearing on the amount of fees. The lower court held a hearing, but then ruled that tenant couldn't get any attorney's fees because he didn't live in the apartment. Tenant appealed again and won. The appeals court had already ruled that tenant could get attorney's fees, so the lower court couldn't reconsider this issue.

67-25 Dartmouth St. Corp. v. Silberman: NYLJ, p. 31, col. 6 (12/28/98) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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