Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Case

LVT Number: #30260

Landlord sued to evict tenant for creating a nuisance. Landlord later discontinued the case without prejudice in order to avoid a court-ordered traverse hearing based on tenant's claim of improper service of court papers. The court later granted tenant's request for attorney's fees. Landlord appealed and lost. The trial court properly found that tenant was the prevailing party in the discontinued case.

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Murray House Owners Corp. v. Welter: 64 Misc.3d 129(A), 2019 NY Slip Op 51013(U) (App. T. 1 Dept.; 6/21/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)