Sanctions Against Landlord's Law Firm Vacated

LVT Number: 8945

Landlord sued to evict 62 tenants for nonpayment of rent. Tenants argued that they should get rent abatements because landlord had breached their warranty of habitability. Landlord was represented at the consolidated trial by a law firm, which was its attorney of record, as well as by an independent trial attorney. The trial court ordered rent abatements, and awarded sanctions of $250 per case against the law firm, and $1,000 per case against the trial attorney.

Landlord sued to evict 62 tenants for nonpayment of rent. Tenants argued that they should get rent abatements because landlord had breached their warranty of habitability. Landlord was represented at the consolidated trial by a law firm, which was its attorney of record, as well as by an independent trial attorney. The trial court ordered rent abatements, and awarded sanctions of $250 per case against the law firm, and $1,000 per case against the trial attorney. The sanctions were ordered because the trial attorney had intentionally delayed the trial, used obstructionist tactics, and behaved disruptively. The law firm appealed, and the appeals court vacated the sanctions against the firm. The firm had only a limited role in the trial---it provided support staff to the trial attorney. So the law firm can't be held responsible for the trial attorney's actions.

Solow v. Wellner: NYLJ, p. 21, col. 1 (7/28/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)