Tenants Get Fees in Licensee Proceeding

April 30, 1993

LVT Number: 6911

Landlord sued to evict occupants of apartment, claiming that they were licensees. Landlord eventually dropped the proceeding. The occupants asked the court for sanctions against landlord and for attorney's fees. The trial court denied both requests, and tenants appealed. The appeals court found that landlord's action wasn't frivolous, so no sanctions were warranted. However, tenants were entitled to reasonable attorney's fees given their successful defense of the licensee proceeding.

Landlord sued to evict occupants of apartment, claiming that they were licensees. Landlord eventually dropped the proceeding. The occupants asked the court for sanctions against landlord and for attorney's fees. The trial court denied both requests, and tenants appealed. The appeals court found that landlord's action wasn't frivolous, so no sanctions were warranted. However, tenants were entitled to reasonable attorney's fees given their successful defense of the licensee proceeding.

Sigety v. Morrissey: NYLJ, p. 25, col. 1 (4/27/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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