Sanctions Imposed Against Tenant's Attorney

(Decision submitted by Kenneth R. Field of the Manhattan law firm of Kera Graubard & Litzman, attorneys for the landlord.) Landlord sued to evict tenant. Landlord and tenant stipulated in court that landlord would correct any lead paint violations in tenant's apartment. Tenant later asked the court to find landlord in contempt of court for not correcting the violations. Tenant claimed that landlord's workers started clearing the condition but left paint dust and chips all over the floor of her children's bedroom. Landlord claimed that tenant's claim was groundless and that tenant had no law or facts to back it up. Landlord argued that tenant and her attorney, the Legal Aid Society, were therefore engaging in frivolous conduct. The court ruled for landlord and imposed sanctions against tenant's attorney. Although the attorney's claim wasn't meant to harass landlord, it was foreseeable that the claim would delay the resolution of the case. The amount of the sanctions was set at the actual cost to landlord for both defending against tenant's claim and making its own motion for sanctions.

Edgecombe Revitalization Corp. v. Newbold: Index No. 73481/95 (12/29/95) (Civ. Ct. NY; Rashford, J) [7-page document]