No Fees to Tenant in Pet Waiver Case
LVT Number: 17028
Landlord sued to evict tenant for keeping a pet, in violation of his lease. Tenant claimed that landlord didn't start the court case within three months of discovering the pet and so waived the right to proceed. The court ruled for tenant and dismissed the case. Two years later tenant asked the court for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant didn't explain the delay in seeking attorney's fees. But even if tenant's claim was timely, tenant wasn't truly the prevailing party. Tenant admitted that he kept a dog, in violation of his lease, and landlord sent tenant a letter objecting to the dog within seven weeks of tenant's moving in. The case was dismissed solely because landlord didn't start the case within the required three-month period. Tenant wasn't entitled to attorney's fees in these circumstances.
Beach Haven Apts. #1 Inc. v. Cheseborough: NYLJ, 12/24/03, p. 30, col. 6 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)