Tenant's Claim for Fees Premature

May 31, 2001

LVT Number: 14985

Tenant sued landlord in small claims court for attorney's fees. Landlord had started an eviction case in housing court against tenant and later discontinued it. The court ruled for tenant and granted him attorney's fees. Landlord appealed and won. The housing court hadn't ruled on the merits of the eviction case. It was discontinued before tenant hired an attorney or answered the petition. So it was premature for the small claims court to award attorney's fees. Also, landlord started a new eviction case and won the case at trial on the merits.

Tenant sued landlord in small claims court for attorney's fees. Landlord had started an eviction case in housing court against tenant and later discontinued it. The court ruled for tenant and granted him attorney's fees. Landlord appealed and won. The housing court hadn't ruled on the merits of the eviction case. It was discontinued before tenant hired an attorney or answered the petition. So it was premature for the small claims court to award attorney's fees. Also, landlord started a new eviction case and won the case at trial on the merits.

Alexi v. 50 King St. Co.: NYLJ, 5/10/01, p. 20, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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