No Fees to Tenant After Landlord Discontinued Case

July 31, 2000

LVT Number: 14268

Landlord sued to evict tenant for breaching his lease by not putting down carpeting. Landlord discontinued the case, and tenant asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and won. The lease stated that landlord would be entitled to attorney's fees if it prevailed in an eviction case against tenant. By law, tenant then also has the right to attorney's fees if he wins the case. But neither side won the case through a court decision. Landlord, instead, discontinued the case. So there was no basis for awarding attorney's fees.

Landlord sued to evict tenant for breaching his lease by not putting down carpeting. Landlord discontinued the case, and tenant asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and won. The lease stated that landlord would be entitled to attorney's fees if it prevailed in an eviction case against tenant. By law, tenant then also has the right to attorney's fees if he wins the case. But neither side won the case through a court decision. Landlord, instead, discontinued the case. So there was no basis for awarding attorney's fees.

Beach Haven Apts. v. Jean-Michel: NYLJ, 7/24/00, p. 30, col. 5 (App. T.2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

Topics

More like this