No Fees to Occupant for Opposing Landlord's Appeal
LVT Number: 16495
Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. Occupant asked the court to bar introduction of evidence that landlord obtained through subpoenas to banks and utilities without notice to occupant. The court ruled for occupant and imposed sanctions against landlord in the form of occupant's costs and attorney's fees for his request to bar the evidence. Landlord paid the fees and appealed. Occupant then asked the court for additional sanctions for the cost of opposing landlord's appeal. The court ruled for occupant. Landlord appealed and won. Landlord's appeal wasn't frivolous and so didn't call for additional sanctions.
Henriques v. Boitano: NYLJ, 4/28/03, p. 18, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Sullivan, Rosenberger, Wallach, Friedman, JJ)