Tenants Get Fees for Discontinued Owner Occupancy Case

June 30, 2004

LVT Number: 17396

Landlord sued to evict rent-stabilized tenants to recover their apartment for owner occupancy. On the eve of the trial, landlord discontinued the case because his medical circumstances had changed and he no longer needed the apartment. Tenants then sought attorney's fees. The court ruled against tenants, and they appealed. The appeals court ordered a hearing to determine reasonable attorney's fees. Whatever the reason, the ultimate result was that tenants won the case. So they are entitled to attorney's fees under the terms of their lease.

Landlord sued to evict rent-stabilized tenants to recover their apartment for owner occupancy. On the eve of the trial, landlord discontinued the case because his medical circumstances had changed and he no longer needed the apartment. Tenants then sought attorney's fees. The court ruled against tenants, and they appealed. The appeals court ordered a hearing to determine reasonable attorney's fees. Whatever the reason, the ultimate result was that tenants won the case. So they are entitled to attorney's fees under the terms of their lease.

Raab v. Kyner: NYLJ, 6/30/04, p. 25, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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