No Attorney's Fees Awarded to Tenant After Landlord Discontinued Case

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his son's use under the Rent Stabilization Law's owner occupancy provisions. Tenant later asked the court to dismiss the case, claiming that landlord's termination notice was "stale." Landlord, in turn asked to voluntarily discontinue the case without prejudice. The case had been marked off the court's calendar because tenant wanted to conduct pre-trial questioning. Landlord claimed that tenant delayed conducting a deposition of landlord under the pretext of scheduling issues. Tenant had now turned 62 years old and landlord wouldn't be able to evict him unless he could offer tenant equivalent or superior housing.

The court ruled for landlord and denied tenant's request for attorney's fees as the prevailing party in the case. Tenant appealed and lost. The appeals court found that landlord shouldn't be penalized for choosing to discontinue the proceeding immediately after becoming aware, one week before tenant turned 62, that tenant would now have a defense to the eviction proceeding after the delay.

Anello v. Fiedler: 2021 NY Slip Op 21333, NYLJ No. 164219757 (App. T. 2 Dept.; 11/26/21; Aliotta, PJ, Elliot, Toussaint, JJ)