Attorney's Fees for Tenant Limited to Notice Issue

March 1, 2011

LVT Number: #23216

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant then appealed, claiming that landlord's nonrenewal, or "Golub," notice was defective because it was untimely. The appeals court ruled for tenant, who then sought attorney's fees from the trial court. The court ruled for tenant. Landlord appealed. The appeals court ruled for landlord in part. Since the ultimate outcome was in tenant's favor, tenant was entitled to attorney's fees.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant then appealed, claiming that landlord's nonrenewal, or "Golub," notice was defective because it was untimely. The appeals court ruled for tenant, who then sought attorney's fees from the trial court. The court ruled for tenant. Landlord appealed. The appeals court ruled for landlord in part. Since the ultimate outcome was in tenant's favor, tenant was entitled to attorney's fees. But given the facts and circumstances of the case, tenant was limited to recovering reasonable attorney's fees incurred only in connection with litigating the renewal notice issue.

Santorini Equities, Inc. v. Picarra: NYLJ, 2/24/11, p. 30, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, Torres, JJ)

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