Tenants Get Attorney's Fees After Landlord Abandons Case

Landlord sued to evict elderly tenants in 2005. Several months later, the case was marked off the court's calendar. In early 2007, landlord asked the court to restore the case to the court calendar. The court ruled against landlord and dismissed the case. Landlord's appeal of the court's decision was dismissed. Tenants then asked the court for attorney's fees. Landlord argued that tenants weren't entitled to attorney's fees because there had been no ruling on the merits of the case. The court ruled against tenants. Tenants appealed and won. Landlord's motion to restore the case was denied because landlord didn't show he had a meritorious claim or a reasonable excuse for the delay. Landlord appeared to have abandoned the case, and it would have been unfair to tenants to reopen it at this point. So, ultimately, tenants were the prevailing parties in the case and therefore were entitled to attorney's fees.

Grossman v. Homenny: NYLJ, 3/11/09, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)