No Fees to Landlord for Defending Tenant's Declaratory Judgment Action

LVT Number: 10973

Tenant sued landlord, challenging landlord's refusal to permit tenant to continue subletting his apartment. The court ruled against tenant, finding that landlord wasn't obligated to allow tenant to continue the sublet. Landlord then asked for attorney's fees. The court ruled against landlord. Tenant's lease clause permitted attorney's fees only for proceedings started by landlord and based on tenant's lease violation or other fault.

Tenant sued landlord, challenging landlord's refusal to permit tenant to continue subletting his apartment. The court ruled against tenant, finding that landlord wasn't obligated to allow tenant to continue the sublet. Landlord then asked for attorney's fees. The court ruled against landlord. Tenant's lease clause permitted attorney's fees only for proceedings started by landlord and based on tenant's lease violation or other fault.

St. George Tower & Grill Owners Corp. v. Honig: NYLJ, p. 33, col. 5 (10/22/96) (App. Div. 2 Dept.; O'Brien, JP, Copertino, Santucci, Luciano, JJ)