Landlord Must Pay Attorney's Fees to Discontinue Case

September 30, 1995

LVT Number: 9035

(Decision submitted by David E. Frazer of the Manhattan law firm of Smollens, Guralnick & Frazer, attorneys for the tenant.) After suing to evict tenant for nonpayment of rent, landlord asked the court to discontinue its case. Landlord's claim for rent due had already been resolved by a stipulation in a prior nonpayment case against tenant. The court ruled that landlord could discontinue the case; but landlord must pay tenant's attorney's fees incurred in defending the case.

(Decision submitted by David E. Frazer of the Manhattan law firm of Smollens, Guralnick & Frazer, attorneys for the tenant.) After suing to evict tenant for nonpayment of rent, landlord asked the court to discontinue its case. Landlord's claim for rent due had already been resolved by a stipulation in a prior nonpayment case against tenant. The court ruled that landlord could discontinue the case; but landlord must pay tenant's attorney's fees incurred in defending the case.

Spaulding v. Wheeler: NYLJ, p. 22, col. 5 (8/17/94) (Civ. Ct. NY; Friedman, J)

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