No Fees Before Final Judgment Issued

January 1, 1995

LVT Number: 9341

A court revoked the DHCR's determination that an apartment was subject to rent stabilization, and sent the case back to the DHCR for a new decision. Landlord then asked the court for attorney's fees, claiming it had won its case against the DHCR. The court refused to award attorney's fees because no final judgment had been made. Landlord appealed, and the appeals court upheld the lower court ruling. The DHCR still had to issue a new decision, so landlord hadn't yet won its case.

A court revoked the DHCR's determination that an apartment was subject to rent stabilization, and sent the case back to the DHCR for a new decision. Landlord then asked the court for attorney's fees, claiming it had won its case against the DHCR. The court refused to award attorney's fees because no final judgment had been made. Landlord appealed, and the appeals court upheld the lower court ruling. The DHCR still had to issue a new decision, so landlord hadn't yet won its case.

Eastern Pork Products Co. v. DHCR: NYLJ, p. 26, col. 3 (12/8/94) (App. Div. 1 Dept.; Murphy, JP, Sullivan, Kupferman, Asch, Tom, JJ)

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