Court Denies Tenant Attorney's Fees After Landlord Discontinues Case

February 24, 2021

LVT Number: #31248

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's request for attorney's fees as a condition to the discontinuance. Tenant appealed and lost. Landlord's lawsuit wasn't frivolous and it asserted good faith reasons for its quick decision to withdraw the case after it learned information requested from the tenant. The lower court sensibly exercised its discretion by not awarding attorney's fees.

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's request for attorney's fees as a condition to the discontinuance. Tenant appealed and lost. Landlord's lawsuit wasn't frivolous and it asserted good faith reasons for its quick decision to withdraw the case after it learned information requested from the tenant. The lower court sensibly exercised its discretion by not awarding attorney's fees.

526 West 158th Street, HDFC v. Ramon: Index No. 21-003, NYLJ 1/28/21, p. 21, col. 3 (App. T. 1 Dept.; Edmead, PJ, Higgitt, McShan, JJ)

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