Hearing Required on Costs Related to Landlord's Frivolous Conduct

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for tenant and found that the overcharge was willful. So tenant was awarded $2,700, including triple damages. The court also ordered landlord to give tenant a renewal lease. Landlord instead filed another claim in court. Tenant claimed that this was frivolous. The court ruled for tenant and awarded her $3,000 based on landlord's conduct. Landlord appealed this award. The court ruled for landlord. Landlord's new claim was frivolous. But if the court intended to sanction landlord, it would have awarded the money to a lawyer's fund for client protection. If the court was awarding tenant attorney's fees and costs, it didn't state any facts in its decision to support this. So the case was sent back for a hearing on costs related to landlord's frivolous conduct.

134-38 Maple Realty Corp. v. Medina: NYLJ, 1/30/03, p. 23, col. 6 (App. T.2 Dept.; Patterson, JP, Golia, Rios, JJ)