Tenant Gets Fees for Owner Occupancy Case

April 1, 1996

LVT Number: 10456

Landlord sued to evict tenant to recover tenant's rent-stabilized apartment for his own occupancy. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed, claiming that no attorney's fees should apply because landlord's petition was dismissed for procedural reasons. The appeals court ruled against landlord. Landlord had started no new case in over a year and a half since its prior case was dismissed. So landlord can't delay an outcome of the case on the merits to avoid paying attorney's fees.

Landlord sued to evict tenant to recover tenant's rent-stabilized apartment for his own occupancy. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed, claiming that no attorney's fees should apply because landlord's petition was dismissed for procedural reasons. The appeals court ruled against landlord. Landlord had started no new case in over a year and a half since its prior case was dismissed. So landlord can't delay an outcome of the case on the merits to avoid paying attorney's fees.

Katz v. Denniger: NYLJ, p. 25, col. 1 (3/20/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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