Sanctions Imposed Against Landlord's Attorney

Landlord sued to evict a number of tenants from the building. Tenants claimed that the papers contained false statements and that sanctions were required. The court ruled for tenants and fined both landlord and landlord's attorney. Landlord's attorney prepared, signed, and verified the notice to quit, the notice of petition, and the petition. The papers accurately listed names of people from eight families living in the building. But the petition falsely stated that a referee signed and delivered a deed to landlord and that landlord was the highest bidder at public auction of the building. The petition also falsely stated that the building was a one-family house and that it wasn't a multiple dwelling. MDL Section 4(7) defines a multiple dwelling to include a residence with three or more families living independently of one another. Landlord and his attorney knew that the eight families lived independently of one another in the building. The petition also falsely stated that the building was exempt from rent regulation. In fact, landlord should have registered the eight-family dwelling with the DHCR. The deliberately false statements clearly violated court rules, and landlord's attorney had no explanation for signing the petition. The attorney and landlord were each fined $2,500.

Resolution GGY OY v. Mixon: NYLJ, p. 29, col. 2 (9/10/97) (Civ. Ct. Kings; Callender, J)