Landlord Discontinued Case After Pretrial Questioning

February 1, 2000

LVT Number: 13821

Landlord sued to evict tenant. The court granted landlord's request to conduct pretrial questioning. After this was done, landlord asked to discontinue its case. The court ruled for landlord, on the condition that landlord pay attorney's fees to tenant. Landlord appealed and lost. The court didn't abuse its discretion by awarding attorney's fees to tenant in these circumstances.

Landlord sued to evict tenant. The court granted landlord's request to conduct pretrial questioning. After this was done, landlord asked to discontinue its case. The court ruled for landlord, on the condition that landlord pay attorney's fees to tenant. Landlord appealed and lost. The court didn't abuse its discretion by awarding attorney's fees to tenant in these circumstances.

Robrose Pl. v. Billeci: NYLJ 1/18/00, p. 29, col. 2 (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

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