Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Proceeding

Landlord sued to evict tenant for a lease violation based on tenant's failure to install rugs and padding in his apartment, which created noise that disturbed other tenants. Landlord later asked the court's permission to discontinue the case. The court ruled for landlord and denied tenant's responsive claim for attorney's fees.

Tenant appealed and won. Tenant was entitled to reasonable attorney's fees as the prevailing party in the case. It didn't matter whether the action was formally discontinued, since tenant was entitled to recover attorney's fees "when the ultimate outcome is in his favor, whether or not such outcome is on the merits." And, in this case, landlord had sought the discontinuance because tenant had installed the rugs and padding before landlord started the court case.

Isaly-Liecaga v. Pickarski: 2021 NY Slip Op 06040, NYLJ, 11/9/21, p. 18, col. 2 (App. Div. 1 Dept.; 11/4/21; Acosta, PJ, Renwick, Kapnick, Kennedy, Mendez, JJ)