Tenant's Legal Aid Attorneys Get Fees

Landlord sued to evict rent-stabilized tenant for violating his lease. Landlord had sent tenant a termination notice stating that tenant improperly used his apartment for business purposes to operate a photo gallery. Landlord also claimed that tenant was illegally subletting and that the apartment wasn't tenant's primary residence. On the first appearance date, the court conferenced the case with attorneys for both sides. The court suggested that landlord withdraw the case due to procedural defects. Landlord refused. The case was adjourned by agreement, and tenant moved for dismissal. Landlord didn't answer tenant's papers and didn't appear on the next court date. The court ruled for tenant based on landlord's default and dismissed the case. Tenant's attorneys then made a motion for attorneys' fees. In response, landlord asked the court to vacate the default judgment.
The court ruled against landlord. Landlord's attorney claimed that she was moving her office and never received tenant's motion papers. But this wasn't a reasonable excuse for failing to appear in court, especially since the parties had agreed to a schedule for motion papers. In addition, as explained in the default judgment order, there was no meritorious claim. Landlord failed to send tenant a notice to cure the claimed lease violations before terminating his tenancy. And nonprimary residence was grounds for nonrenewal of tenant's lease, not for terminating his tenancy during his lease term. Tenant was entitled to attorney's fees even if he didn't pay for the services of his legal aid attorneys. A hearing was needed to determine how much.

MEP Realty Ltd. v. Herman: NYLJ, 9/25/08, p. 27, col. 3 (Civ. Ct. Kings; Kraus, J)