Tenant Can't Get Fees from Co-op Corporation

Rent-stabilized tenant sued landlord, a cooperative apartment owner, and the building's cooperative corporation in an HP case, seeking repair of water damage and mold conditions. The court ruled for tenant. Tenant then asked for attorney's fees. The court ruled for tenant in part. Tenant could get attorney's fees from landlord apartment owner based on an attorney's fees clause in tenant's lease. But tenant couldn't get attorney's fees from cooperative corporation because he had no landlord-tenant relationship with the building. To the extent that the co-op corporation and not apartment owner was responsible for the conditions, tenant could seek attorney's fees from the co-op corporation under the terms of its proprietary lease.

Miller v. 965 Fifth Ave. Owners, Inc.: NYLJ, 12/21/05, p. 21, col. 3 (Civ. Ct. NY; Capella, J)