Tenants Get Attorney's Fees When Landlord Fails to Pursue Case

November 25, 2014

LVT Number: #24887

In separate proceedings, landlord sued to evict tenants for improperly combining apartments without approval from landlord or DOB. The court joined the cases together, then marked the cases off calendar and said that landlord could restore the case within 45 days or it would be dismissed. When landlord failed to do so, tenants went back to court and asked for attorney's fees. The court ruled for tenants. The case was dismissed because landlord didn't take any action to restore it to the court calendar within 45 days.

In separate proceedings, landlord sued to evict tenants for improperly combining apartments without approval from landlord or DOB. The court joined the cases together, then marked the cases off calendar and said that landlord could restore the case within 45 days or it would be dismissed. When landlord failed to do so, tenants went back to court and asked for attorney's fees. The court ruled for tenants. The case was dismissed because landlord didn't take any action to restore it to the court calendar within 45 days. That made tenants the prevailing party entitled to attorney's fees.

300 East 85th Street Housing Corp. v. Dropkin: Index No. 66598/14, NYLJ No. 1202674471713 (Civ. Ct. NY; 10/9/14; Hahn, J)

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